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(영문) 인천지방법원부천지원 2015.05.26 2014가단51734
약정금
Text

The Defendants jointly share KRW 40,000,000 with respect to the Plaintiff, and Defendant B and C with respect thereto from November 11, 2008.

Reasons

According to the facts stated in Gap evidence Nos. 1 and 2 and the purport of the entire pleadings, the plaintiff agreed to pay KRW 40,00,000,000 to the plaintiff on July 28, 2008 with respect to the money paid as performance guarantee (hereinafter "the performance guarantee of this case"), the defendant B, and C with respect to the money paid as performance guarantee for the Fmixed Corporation E located in Reinforcement-gun (hereinafter "the performance guarantee of this case"), and the due date for November 10, 2008. The defendant D agreed to pay KRW 40,000,000 to the plaintiff on April 7, 2012.

Therefore, the Defendants are jointly obligated to pay the above KRW 40,00,000 as well as damages for delay calculated at each rate of 20% per annum under the Civil Act from November 11, 2008 to Defendant B, Defendant D, from May 16, 2012 to January 17, 2015, the delivery date of a copy of each complaint of this case from May 16, 2012 to January 17, 2015, and from the next day to the date of full payment.

As to this, the Defendants did not receive KRW 40,00,00 as G, and argued that the Defendants did not have any obligation to pay because they prepared the documents by coercion of the Plaintiff. However, even if the Defendants did not directly receive the above amount, if the Defendants agreed to pay the Plaintiff money with respect to the performance guarantee of this case, the Defendants did not affect the obligation to pay the said amount, and there is no evidence to prove that the Defendants made up the evidence Nos. 1 (Pledge and No. notarial deed) and No. 2 (Incompetence) by coercion of the Plaintiff. Thus, the Defendants’ assertion is without merit.

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

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