(영문) 창원지방법원 2016.05.24 2015나4843 | 리걸엔진

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(영문) 창원지방법원 2016.05.24 2015나4843

약정금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The fact that the Defendant, on May 30, 2012, prepared a note of payment that the Plaintiff would pay KRW 50 million to the Plaintiff by August 30, 2012. The Defendant repaid the Plaintiff KRW 26.5 million, as in the attached Form and the attached Form of Calculation of Interest, from February 15, 2013 to December 19, 2013. Accordingly, the Plaintiff’s claim amount remaining after being appropriated for the principal and the damages for delay after the payment due date, is either a dispute between the parties, or a dispute is not between the parties, and the entire purport of the entries and arguments as a whole.

2. According to the facts found in the determination as to the cause of the claim, as to KRW 26,198,832 of the agreed amount and KRW 21,806,830 of the agreed amount and the claim filed against the Plaintiff from the time of the filing of the lawsuit, the Defendant is obligated to pay the Plaintiff 21,806,830 of the agreed amount at the rate of 5% per annum as stipulated in the Civil Act from December 20, 2013 to January 14, 2014, the delivery date of a copy of the complaint in this case, which is the day following the date of the final repayment, and the delay damages calculated at the rate of 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of the full payment, as to KRW 4,392,002 extended to the application for modification of the purport of the claim as of April 24, 2015.

The defendant asserts that it is improper for the plaintiff to claim interest on the ground that there was no agreement to pay interest at the time of the preparation of a written notice of payment. However, the defendant's assertion is without merit since the plaintiff's claim for interest is unjust for the debt of which the due date comes due, compensation for damages due to nonperformance of monetary obligations, and the amount of damages shall be calculated at the rate of 5% per annum, which is the statutory interest rate under the

3. Judgment on the defense of performance, etc.

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