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(영문) 서울남부지방법원 2015.09.08 2015가단213166
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 35,00,000 and 5% per annum from September 3, 2014 to April 1, 2015.

Reasons

On July 26, 2013, the Plaintiff filed a complaint against D on July 26, 2013 with the Incheon District Prosecutors' Office in Daejeon District Public Prosecutor's Office, and thereafter, the Plaintiff agreed to pay 35,000,000 won jointly and severally to the Plaintiff until September 2, 2014 on the condition that the Plaintiff withdraw the above complaint against D. The Plaintiff’s withdrawal of the above complaint pursuant to the above agreement does not conflict between the parties, or can be acknowledged by taking into account the overall purport of the pleadings as a whole.

Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 35,00,000 and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from September 3, 2014 to April 1, 2015, the delivery date of the instant payment order, and 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Therefore, the plaintiff's claim against the defendants of this case is justified, and it is so decided as per Disposition with the assent of all participating Justices.

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