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(영문) 인천지방법원 2015.07.07 2015가단17905
약정금
Text

1. The Defendant shall pay 68,68,920 won to the Plaintiff and 20% per annum from February 10, 2015 to the day of complete payment.

Reasons

1. The fact that the Defendant prepared and delivered each letter of payment (Evidence A 2) that the Plaintiff shall pay the Plaintiff KRW 23,68,920 for the amount of goods on November 30, 2009 (Evidence A1), and ② that the Defendant shall pay KRW 45,00,000 for the production of five gold-types (Evidence A 2) on May 11, 201, may be acknowledged by taking into account all the arguments between the parties, or that there is no dispute between the parties, and that the Defendant prepared and delivered each letter of payment (Evidence A 2) that shall pay KRW 45,00,00 for the production of KRW 5 gold-types

Therefore, the Defendant is obligated to pay the Plaintiff the total amount of KRW 68,668,920 (the total amount of KRW 23,68,920 + the amount of KRW 45,00,000 + the amount of KRW 45,000) and damages for delay calculated by the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from February 10, 2015 to the date of full payment.

2. The defendant's assertion argues to the effect that the defendant's decision on the amount receivable has no choice but to prepare each of the above payments due to the plaintiff's continuous intimidation, denial of production, etc., and that the plaintiff's claim cannot be complied with because it is currently under the rehabilitation procedure.

Therefore, the defendant, upon the plaintiff's intimidation, prepared each of the above payments forms.

There is no evidence to acknowledge that the list of creditors of the defendant's individual rehabilitation case contains the plaintiff's claims based on each of the above payments in the list of creditors of the defendant's individual rehabilitation case.

3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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