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Reasons
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(영문) 서울서부지방법원 2017.07.19 2016가단260694
약정금
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1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 20, 2013, the Plaintiff agreed with the Defendant with the following content (hereinafter “instant agreement”).

The total amount of agreement shall be KRW 270,000,000.

1. Of them, KRW 55,00,000 (hereinafter “the amount agreed upon in June 20, 2013”) shall be paid in June 20, 2013.

2. Of them, KRW 45,00,000 (hereinafter referred to as “the amount agreed upon in June 21, 2013”) shall be paid in June 21, 2013.

If KRW 45,000,000 is not paid until June 21, 2013, KRW 10,000 shall be paid as an additional agreed amount.

3. The remaining amount of 170,000,000 won or less is referred to as the “amount agreed on July 12, 2013.”

(B) The payment shall be made in July 12, 2013. In the event that KRW 170,000,000 is not paid by July 12, 2013, 50,000,000 shall be paid immediately as additional payment. The interest for arrears shall be 20% per annum. (b) The interest for arrears shall be 55,00,000 won as of June 20, 2013 under the instant agreement and 45,00,000 won as of June 21, 2013, respectively, were paid within the agreed payment date. The agreement amounting to KRW 170,00,000 as of July 12, 2013 was paid on July 16, 2013.

2. The plaintiff asserts that since the agreed amount as of July 12, 2013 according to the agreement in this case was paid with the agreed payment date set as of July 12, 2013, the additional agreed amount of KRW 50,000,000 and delay damages should be paid, the defendant asserts that the agreed amount in this case has expired the extinctive prescription under Article 766(1) of the Civil Act as damages for tort.

3. Determination

A. According to the facts of the judgment on the Plaintiff’s cause of claim, the Defendant may recognize the fact that the Defendant paid the agreed amount as of July 12, 2013 with the agreed payment date set forth therein. Thus, the Defendant is liable to pay the Plaintiff additional agreement amounting to KRW 50,000,000 and delay damages at the rate of 20% per annum for agreed interest on delay.

In this regard, the defendant has deferred the payment date until July 16, 2013.

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