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(영문) 인천지방법원 2015.03.19 2014가합8260
합의금
Text

1. The Defendant’s KRW 169,00,000 for the Plaintiff and 5% per annum from March 2, 2014 to August 14, 2014.

Reasons

1. Facts of recognition;

A. On September 1, 2006, the Defendant, at the Incheon detention center, agreed to pay KRW 169,000,000 to the Plaintiff within three months after release (hereinafter “instant agreement”).

B. On December 2, 2013, the Defendant released the prison from prison upon expiration of the prison term.

[Ground of recognition] The statement No. 3, and the inquiry result about the Incheon Detention Center Director of this Court, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 169,000,000 and damages for delay calculated at the rate of 20% per annum under the Civil Act from March 2, 2014 to August 14, 2014, which is the day following the date of delivery of the complaint of this case, from March 2, 2014, which is the day after three months elapsed from December 2, 2013, which is the date of release of the Defendant, pursuant to the agreement of this case, to the Plaintiff.

The Plaintiff sought payment of damages for delay from September 2, 2013, the day following the date of the instant agreement, but the Plaintiff’s claim for this part of the Plaintiff’s claim beyond the aforementioned recognition scope cannot be accepted.

3. Conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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