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(영문) 서울중앙지방법원 2016.08.12 2015가합541329
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 868,636,936 and the interest rate thereon from September 1, 2014 to the date of full payment.

Reasons

As the Plaintiff lent KRW 1 billion to Defendant A on January 10, 2012, the Plaintiff agreed to pay the remainder of KRW 300 million up to October 31, 2012, and the remainder of KRW 700 million up to May 31, 2013, plus damages for delay at a rate of 20% per annum from the day following the due date to the day of full payment if it is impossible to repay within the above due date; Defendant B, C, and D jointly and severally guaranteed the above loan obligations of Defendant A; Defendant A jointly and severally guaranteed the above loan obligations of Defendant A on May 27, 2014; Defendant A was on June 30, 2014; July 31, 2014; and August 31, 2014, each of the Plaintiff paid KRW 100 million to the Plaintiff on August 31, 2014.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay and damages for delay calculated at the rate of 20% per annum from September 1, 2014 to the date of full payment, which is the day following the date of final repayment, to the day of full payment.

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

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