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(영문) 서울중앙지방법원 2017.09.05 2016가단116754
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from October 8, 2016 to the day of complete payment.

Reasons

According to Gap evidence No. 2, it can be acknowledged that the defendant agreed to pay 50 million won to the plaintiff on July 6, 2016, as stated in the attached Form “Written Consent,” barring any special circumstance, the defendant is obligated to pay damages for delay of 15% per annum, which is the day following the delivery date of a copy of the complaint in this case, from October 8, 2016 to the day of complete payment.

In regard to this, the defendant asserted that the plaintiff, who had been together with C in the defendant's office, stated that "it is clearly mentioned to the defendant that "it is not to claim against the defendant, but to return the borrowed money from the development of the non-party owner," and that the above letter of payment was requested and signed. However, the witness C's testimony alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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