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(영문) 수원지방법원성남지원 2020.06.12 2020가합401303
약정금
Text

1. The Defendant is jointly and severally with C to KRW 286,00,000 and the appointed parties, respectively, and the Defendant’s decision on December 24, 2015.

Reasons

Comprehensively taking account of the respective descriptions and arguments as to Gap's evidence Nos. 1 through 3, the defendant company prepared a loan certificate that the plaintiffs shall pay 290,000,000 won to the plaintiff (designated parties) and the appointed parties (hereinafter "the plaintiff, etc.") in return for the withdrawal of complaints against Eul's birth (hereinafter "the loan certificate of this case"). Eul has guaranteed the above debt. According to the loan certificate of this case, according to the loan certificate of this case, the defendant company and joint guarantor C shall be paid to the plaintiff, etc. on May 31, 2014; the above fact that the defendant company and the joint guarantor shall be paid KRW 30,00,000,000 on July 31, 2014; and the remaining fact that the repayment period of the apartment house of this case may not be extended within 20,000,000,0000,000,0000,000,000,000, 310 and 310,0.

On the other hand, the plaintiff et al. is the defendant company and C to pay the principal of KRW 2,00,000,000 on November 16, 2015, and KRW 2,000 on December 23, 2015. However, the defendant company and C did not immediately raise an objection to such designated appropriation, thereby extinguishing the principal of the loan with KRW 4,00,000 on the repayment of KRW 286,00,00,00 on the other hand.

Therefore, Defendant Company is jointly and severally liable to pay the Plaintiff, etc. 286,00,000 won and an agreement calculated at the rate of 24% per annum from December 24, 2015 to the date of full payment, which is the day following the due date, as requested by the Plaintiff, etc., as the Plaintiff, etc.

Thus, the plaintiff (appointed party)'s claim of this case is reasonable.

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