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(영문) 수원지방법원 2020.01.22 2018가단18265
대여금
Text

1. As to KRW 30,00,000 and KRW 20,000,00 among them, the Defendant (appointed parties) shall start from December 31, 2015 to December 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party) and the Appointed C (hereinafter, referred to as the “Plaintiffs”) leased funds necessary for the Defendant’s business through D’s brokerage, and as a result, they could not be repaid, a criminal complaint was filed against D and the Defendant on the charge of fraud.

1. The Defendant and D shall pay 9 million won to the Plaintiffs on November 23, 2015.

The Plaintiffs, after receiving KRW 9 million, shall withdraw the instant complaint or prepare a written withdrawal of the complaint.

2. The Defendant and D shall pay one million won to the Plaintiffs on November 27, 2015.

3. At the time of settling each of the above amounts on November 27, 2015, the Defendant and D determined the amount to be paid to the Plaintiffs at KRW 20 million.

As to the above KRW 20 million, the Defendant and D shall jointly and severally pay to the Plaintiffs KRW 10 million on December 31, 2015 and KRW 10 million on January 30, 2016.

4. 1) In the event that the Defendant and D enter into the instant agreement or delay in the payment thereof, 25% interest rate shall be paid from December 30, 2015 to the date of full payment. 2) In the event that the Defendant and D enter into the instant agreement or delay in the payment thereof, the Defendant and D jointly and severally paid the Plaintiffs KRW 10 million as penalty, separate from the foregoing 1.

(c).

On November 23, 2015, the Plaintiffs, the Defendant, and D drafted the “instant Agreement” with the main contents of the following:

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant seeks to the Plaintiff (Appointed Party) within the scope of the agreed delay damages rate of KRW 30 million (i.e., KRW 10 million) and KRW 20 million from the date of payment of agreed delay damages to the Plaintiff (Appointed Party) after the date of payment of agreed delay damages. From December 31, 2015 to March 31, 2018, the delivery date of the copy of the written complaint of this case, the Plaintiff (Appointed Party) sought an annual interest rate of KRW 25 million from the agreed delay damages rate of KRW 30 million, and from the next day to the date of full payment.

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