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(영문) 울산지방법원 2018.05.10 2017가합1079
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 540,000,00 and KRW 360,000,000 among them, from August 11, 2007 to 180.

Reasons

1. Indication of claim;

A. On April 10, 2007, the Plaintiff and the Defendants made an investment of KRW 300 million with the Defendants’ company and its business. In response, on August 10, 2007, the Defendants agreed to pay KRW 360 million to the Plaintiff on August 10, 2007. The Plaintiff paid the Defendants KRW 300 million to the Defendants on April 10, 2007.

On June 22, 2007, the Plaintiff invested KRW 150 million with the Defendants’ company and its business. The Defendants agreed to pay KRW 180 million to the Plaintiff on October 22, 2007. The Plaintiff paid KRW 150 million to the Defendants on June 22, 2007.

B. Therefore, the Defendants are jointly and severally liable to the Plaintiff for payment of the total amount of KRW 540 million and KRW 360 million from August 11, 2007, which is the day following the due date for the payment, and KRW 180 million from October 23, 2007, which is the day following the due date for the payment, to May 10, 2018, as the Plaintiff seeks from October 23, 2007, the day following the due date for the payment, and the damages for delay calculated at the rate of KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Applicable provisions;

(a) Defendant B: Article 208(3)3 of the Civil Procedure Act (Decision by public notice);

(b) Defendant C: Article 208(3)2 of the Civil Procedure Act (abstinence by a person who is deemed as one of the parties);

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