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(영문) 인천지방법원 2017.11.16 2017가단20233
약정금
Text

1. The defendant's KRW 42,00,000 for each of the plaintiffs and 20% per annum from March 6, 2001 to February 4, 2016, respectively.

Reasons

1. As to the cause of claim

A. Fact 1) The plaintiffs filed a lawsuit against the defendant on April 16, 1997 against Dong Branch of Seoul District Court 96Kahap5238, which decided that "the defendant shall pay 5% interest per annum from March 31, 1995 to April 20, 1996, and 25% interest per annum from April 21, 1996 to the day of full payment". The above judgment became final and conclusive around that time. The plaintiffs filed a lawsuit against the defendant for the agreed amount claim under the Seoul East District Court 2007Kadan17384, 17384, and decided that "the defendant shall pay 4200,000 won to the plaintiffs and 200% interest per annum from March 31, 1995 to April 20, 1996 to the day of full payment." The above judgment became final and conclusive around that time.

[Reasons for Recognition] Gap evidence No. 1

B. The Defendant is obligated to pay each of the Plaintiffs 42,00,000 won with 20% per annum from March 6, 2001 to February 4, 2016, and 15% per annum from the next day to the date of full payment as requested by the Plaintiffs.

2. As to the defendant's argument

A. The alleged plaintiffs received dividends of KRW 65,09,821 in the aggregate of KRW 19,427,256 in Incheon District Court D, ② KRW 19,427,256 in Incheon District Court E, and KRW 10,196,290 in the F, and KRW 18,90,179 in the auction procedure for the real estate of the defendant. Thus, the remaining amount is the remainder of KRW 18,90,179.

B. According to the evidence evidence No. 1, the plaintiff in the Seoul East East District Court Decision 2007Kadan17384, Jun. 8, 1998, "the plaintiff was paid the principal and interest of the contract in the same case around September 19, 200 in the dividend procedure for the same court E compulsory auction case for real estate in the same court E compulsory auction case around May 12, 1999, and around September 19, 37,283,066 won in the same case, and ③ around September 22, 2004, in the dividend procedure for the same court E compulsory auction case for real estate in the same court F compulsory auction case for the same court on September 22, 2004, in total of KRW 102,382,887 including 10,196,290.

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