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(영문) 울산지방법원 2019.05.22 2018가합1021
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 220,000,000 won and the period from April 12, 2019 to May 22, 2019.

Reasons

1. Basic facts

A. On February 13, 2019, Defendant B, even if he was supplied with steel structure from the Changwon District Court, was unable to intend or have ability to pay the price of the supply thereof even if he was supplied with the Plaintiff, he was sentenced to imprisonment with prison labor for the criminal facts, etc. that he was supplied with the steel structure on or around February 2016 [Chowon District Court 2016Da3662, 2017 Godan17 Godan1754 (Merger), 2018 Godan1750 (Joint)]. Defendant B and the Plaintiff, who is currently in the appellate trial, were prepared as follows in relation to the said criminal case, and written statements between Defendant B and the Plaintiff on March 16, 2018.

Schedule:

A. Defendant B shall pay KRW 200,000,000 to the victim A by April 20, 2018.

B. Defendant B shall pay KRW 170,000,000 to the victim A by September 30, 2018.

C. Defendant B paid KRW 200,000,000 to the victim A as well as the withdrawal of the instant complaint and the written agreement from the victim A.

Defendant

B If the victim A does not pay KRW 200,000,000 to April 20, 2018, the benefit of time shall be lost and the full amount of the damage shall be paid immediately.

B. On the other hand, in the same day, the following books were prepared between the defendant B and the defendant B to jointly and severally guarantee the debt owed to the plaintiff between the defendant B and the plaintiff:

(hereinafter collectively referred to as “each letter of this case”). Each letter

A. Each letter confirmed that Defendant B’s damage amounted to KRW 370,000,000 to be repaid to the victim A.

B. In the event that Defendant B did not pay KRW 200,000,000 to the victim A by April 20, 2018, each of them stand joint and several suretiess to pay KRW 370,00,000 to the victim A in subrogation.

C. Each letter shall be jointly and severally paid KRW 200,000,000 to the victim A on behalf of the defendant B, and each letter shall deliver to the victim A a letter of performance of the remaining KRW 170,000,000, and simultaneously deliver it to the defendant B.

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