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(영문) 춘천지방법원강릉지원 2019.10.15 2019가단33209
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and 5% per annum from May 15, 2019 to July 26, 2019.

Reasons

Defendant B agreed to pay to the Plaintiff KRW 50 million out of the agreed amount to the Plaintiff by March 31, 2019 with respect to the Defendant’s case, including the fabrication of private document 2018No51, the Defendant C and D Co., Ltd. shall be deemed to have led to the confession under the main sentence of Article 150(1) of the Civil Procedure Act. Defendant C and D Co., Ltd shall be deemed to have jointly and severally guaranteed the obligation of the agreed amount by taking into account the respective descriptions of the evidence Nos. 1 and 2 and the overall purport of pleadings. As such, the Defendants jointly and severally and severally liable to pay to the Plaintiff the agreed amount to KRW 50 million from May 15, 2019 to July 26, 2019, on which the copy of the instant complaint was served by the Plaintiff from May 15, 2019 to the date on which the copy of the complaint in this case was served, and the next day to the date on which the payment is made at each annual rate of 12%.

Therefore, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by applying Articles 98 and 213 of the Civil Procedure Act to the burden of litigation costs and a declaration of provisional execution.

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