(영문) 울산지방법원 2014.11.27 2013가합8010

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(영문) 울산지방법원 2014.11.27 2013가합8010

약정금

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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 101,634,125 and the interest rate thereon from November 16, 2013 to the date of full payment.

Reasons

1. The Defendants asserted to the effect that the instant lawsuit is unlawful as there is no benefit of protecting the rights, since Defendant B’s live-in partner agreed to withdraw the instant lawsuit upon the completion of the Plaintiff’s work entrusted to the Plaintiff, and thereafter Defendant B’s live-in partner completed the work entrusted to the Plaintiff.

However, the statement No. 1 of the defendants alone is insufficient to recognize the defendants' above assertion, and there is no other evidence to prove it. Thus, the defendants' defense is without merit.

2. Comprehensively taking account of the overall purport of evidence Nos. 1 and 2 as to the cause of the claim and the purport of the entire pleadings, it is acknowledged that the Defendants entered into an agreement with the Plaintiff on June 2, 2008 that the sum of the obligations the Defendants assumed against the Plaintiff is KRW 101,634,125 (the Plaintiff’s expenses of accommodation, etc. incurred by the Plaintiff for D’s acquisition costs E), and that the above KRW 101,634,125 shall be jointly and severally paid to the Plaintiff by June 20, 2008.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the above agreed amount of KRW 101,634,125 and damages for delay calculated at the rate of 20% per annum from November 16, 2013 to the date of full payment, which is the day following the delivery date of a copy of the complaint of this case.

3. Judgment on the defendants' assertion

A. The Defendants asserted that they had entered into the instant agreement by intimidation by the Plaintiff, but there is no evidence to acknowledge it. Therefore, the Defendants’ assertion is without merit.

B. Although the Defendants asserted that they paid the Plaintiff the amount higher than the accommodation cost, there is no evidence to acknowledge this, so the Defendants’ assertion is without merit.

4. Thus, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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