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(영문) 제주지방법원 2015.01.16 2014가단9273
약정금
Text

1. The Defendants: (a) KRW 23,685,051 to each Plaintiff and KRW 12% per annum from October 1, 2013 to January 16, 2015.

Reasons

1. Facts of recognition;

A. On October 31, 2012, Defendant B agreed to pay to the Plaintiff KRW 28,996,000,000 each month, from December 25, 2012 to December 25, 2015 (the payment date: 25th day of each month); on one occasion, Defendant B agreed to pay the balance in a lump sum (the 1%) and Defendant C guaranteed the credit payment obligation on the same day.

B. On December 25, 2012, Defendant B paid KRW 1,000 to the Plaintiff on December 25, 2012, which was the first due date. However, on January 25, 2013, the second due date, the remainder of KRW 600,000 out of the agreed amount of KRW 800,000 (Defendant B paid KRW 1,00,000 in excess of KRW 80,000 on the first due date of repayment) was not paid, and thus, Defendant B lost the benefit of installment payment and time limit on January 26, 2013.

C. The amount to be paid by the Defendants to the Plaintiff as of January 25, 2013 is KRW 27,996,000 ( KRW 28,996,000 - 1,000,000). The Defendants repaid the Plaintiff a total of KRW 6,40,000,000, as indicated in the separate appropriation statement, once every seven times thereafter.

Meanwhile, inasmuch as there is no proof between the plaintiff and the defendants on the appropriation of agreement and the designated appropriation, the above amount of the defendants' payment should be appropriated in the order of statutory appropriation of appropriation. Since each of the above payments is insufficient to repay the principal and interest at the time of each payment, it should be appropriated first to the interest until the date of each payment according to the order of statutory appropriation of appropriation, and the remainder should be appropriated to the principal, and the calculation formula is the same as the calculation formula in

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. In accordance with the above facts of determination as to the plaintiff's cause of action, Defendant B is the principal debtor of credit payment, Defendant C as the guarantor, and Defendant C is the principal principal of credit payment amounting to KRW 23,685,051 and its final decision.

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