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(영문) 청주지방법원 2018.02.02 2017가단9398
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 36,00,000 and the interest rate of KRW 15% per annum from July 29, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff’s loan 1) On October 16, 2015, the Plaintiff, at the Defendant’s recommendation, is KNM partnership (hereinafter “KNM partnership”).

(2) On October 16, 2015, “45 days”, “3% after 45 days”, “interest rate of 30,000 won per annum x 3/10,00. (2) After collecting the money under the above paragraph (1), the Plaintiff again lent the money under the Defendant’s recommendation to KNM partner for four months from December 1, 2015 to March 31, 2016; (3) the principal and interest rate of 9% for one month; (4) overdue interest rate of 2% for 10% for 36/100 per annum x 36/1000; and (3) the Plaintiff collected the money under the above paragraph (1) from 2016/416; and (4) the Plaintiff again lent the money under the Defendant’s promise to 360,000 won to the Defendant’s partnership for 416/206/41616.

2) On August 17, 2016, the Defendant promised to pay the Plaintiff a loan as stated in paragraph 1(3) on behalf of the KNM partnership even if the collection of the loan was delayed from the KNM partnership.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff KRW 36 million, which the Defendant promised to repay on behalf of the KNM partnership, and damages for delay calculated by 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from July 29, 2017 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order.

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