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(영문) 서울남부지방법원 2018.07.06 2017가합293
약정금
Text

1. The Defendant’s KRW 134,469,00 for the Plaintiff and KRW 5% per annum from December 13, 2016 to July 6, 2018.

Reasons

1. On December 20, 2013, the fact that: (a) the Defendant agreed to pay KRW 213,000,000 to the Plaintiff, a creditor of C; and (b) the Defendant agreed to terminate each claim against the Defendant and D (her husband of the Defendant) among the Plaintiff’s claims against C; (c) the fact that the agreement was reached between the parties to the dispute, or that the agreement was reached between the parties to the dispute and that the claim against the Defendant and D (her husband of the Defendant) was to be extinguished (hereinafter “instant agreement”), is recognized by the entry of the evidence No. 1 (including the serial number; hereinafter the same shall apply) and the purport of the entire pleadings.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff KRW 213,000,000 and damages for delay.

2. Judgment on the defendant's assertion

A. 1) Determination as to the Defendant’s assertion of discharge from liability is based on the Defendant’s obligation to the Plaintiff under the instant agreement (hereinafter “instant obligation”).

2) The claim that the assumption of an obligation is discharged from liability is a matter of interpretation of the intention of the Party as indicated in the assumption of obligation agreement, and if it is not clear whether the assignee is discharged from liability in respect of the assumption of obligation, or if it is not known whether the assignee is discharged from liability, it shall be deemed that the assignee has taken over it repeatedly.

(3) According to the respective entries and arguments in subparagraphs 1 and 2 of Article 1 and the purport of the entire pleadings, the written statement stating that D shall pay to the Plaintiff, on November 4, 2014, the interest calculated at the rate of KRW 289,300,000 and the interest calculated at the rate of KRW 6.9% per annum for the Plaintiff on November 30, 2014 (hereinafter referred to as “each written statement of this case”).

A) The Plaintiff prepared and delivered a loan claim against D based on the instant written statement (Seoul Southern District Court 2014Gahap14116). In the instant case, the Plaintiff filed a lawsuit against D (Seoul Southern District Court 2014Gahap1416) and included KRW 213,00,00,000 in the leased principal under the instant written agreement and interest thereon.

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