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(영문) 서울중앙지방법원 2017.09.05 2017가단5016979
약정금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 54,60,000 and 5% per annum from October 21, 2016 to March 30, 2017.

Reasons

1. According to the overall purport of evidence Nos. 1 and 2 as to the facts of recognition, the Plaintiff filed a complaint against the Defendants for the charges of fraud, etc., on April 20, 2016, by asserting that the Plaintiff acquired the amount of KRW 40 million, KRW 200 million, and KRW 16 million, and KRW 16,000,00,000 from the Defendants, and that Defendant B received the payment note (Evidence No. 1) stating that “The Plaintiff shall pay KRW 60,000,000 to the Plaintiff, and KRW 50,000,000,000,000,000 shall be paid to the Plaintiff immediately upon submitting the written withdrawal of the complaint, and Defendant C has jointly and severally guaranteed the Defendant’s obligation to the Plaintiff, ② the Plaintiff submitted the written withdrawal from the Busan Police Station as part of the Defendant’s agreement to the Plaintiff on April 28, 2016.

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 54.6 million and the damages for delay calculated at the rate of 5% per annum under the Civil Act from October 21, 2016 to March 30, 2017, which is the date following the agreed payment date, and the last delivery date of the copy of the complaint in this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. Accordingly, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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