logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.01.30 2019가합205316
약정금
Text

1. The Defendant’s KRW 1 billion to the Plaintiff and the Plaintiff’s 6% per annum from December 22, 2014 to May 20, 2019.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff is a stock company C (hereinafter “C”) around July 22, 2014.

(D) the construction of a new building in the area of D (hereinafter “instant project”).

In relation to C, C invested KRW 30 million to the Plaintiff on the same day, and C recognized the Plaintiff’s investment amount of KRW 500 million, including KRW 200 million borrowed from E prior to the same day, and accordingly repaid KRW 500 million to the Plaintiff on “within seven days from the date of execution of the PF Fund (land substitute payment)” and agreed to pay the Plaintiff an additional amount of KRW 500 million to the Plaintiff within five months from the date of repayment (hereinafter “instant investment agreement”).

(2) At the time of the instant investment agreement, the Defendant, who was the representative director C at the time of the instant investment agreement, signed and sealed the instant investment agreement as a joint guarantor and jointly and severally guaranteed the instant investment agreement.

3) From June 30, 2015, C acknowledges the fact that the Plaintiff was unable to pay the investment principal KRW 500 million until September 5, 2014, when the investment principal was due, by December 21, 2014, and that the total amount of KRW 1 billion (hereinafter “the instant investment refund”).

(1) A written statement of confirmation that the payment of damages for delay shall be made in the amount of KRW 20 million each month from January 2015 to January 2015 (hereinafter “written statement of confirmation of this case”) (hereinafter “written statement of confirmation”).

(4) On November 29, 2016, the Plaintiff filed a lawsuit with the Daegu District Court to claim the performance of the instant written confirmation against C on November 29, 2016, and the Daegu District Court rendered a judgment that “C shall pay to the Plaintiff money at the rate of 24% per annum from January 1, 2015 to the date of full payment (2016Gahap3786),” and C appealed appealed, but the Daegu High Court dismissed the appeal (2018Na21112), and the said judgment became final and conclusive on September 18, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

arrow