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(영문) 서울중앙지방법원 2015.05.21 2014가합25943
약정금
Text

1. The Defendant’s KRW 163,199,390 for the Plaintiff and 5% per annum from January 16, 2014 to May 21, 2015.

Reasons

1. Facts of recognition;

A. On July 21, 2010, the Plaintiff leased (hereinafter “instant lease agreement”) Nos. 101 and 201 of Seoul Gangnam-gu, Seoul (hereinafter “Mab Korea”) to Mable Korea Co., Ltd. (hereinafter “Mab Korea”) KRW 100,000,000 for lease deposit, and the lease period is from August 20, 201 to February 19, 201, the monthly rent is KRW 130,00,000 for KRW 130,000 for the rent and the monthly rent is paid until September 10, 201 (hereinafter “instant lease agreement”). At the time of the said agreement, the Defendant jointly and severally guaranteed the obligation of Mable Korea’s Plaintiff under the said lease agreement.

B. However, Mable Korea paid KRW 100,000 to the Plaintiff for KRW 100,00,000, and did not pay the total monthly rent for six months, which was promised to pay to the Plaintiff from September 10, 2010 after delivery of the leased object. Accordingly, the Plaintiff filed a lawsuit against Mable Korea (Seoul Central District Court 2010Da101610), and on April 22, 2011, the said court rendered a lawsuit against Mable Korea (Seoul Central District Court 2010Da101610), “Wable Korea delivered the leased object of this case to the Plaintiff, and KRW 6% per annum from September 11, 201 to April 22, 2011, and KRW 20% per annum from April 23, 2011 to April 201, and the judgment of delivery was finalized at the rate of 20% per annum from April 23, 2011 to March 30, 2010.”

C. After the judgment above, on June 21, 201, the Plaintiff and the Defendant agreed to pay KRW 1,040,000 to the Plaintiff in installments (hereinafter “instant agreement”), and the main contents are as follows.

1. A (Plaintiff) and B (Defendant) shall settle and confirm as follows, as a joint and several surety obligation of Mable Korea’s Mable Korea’s debt for return of unjust enrichment:

2. Eul shall be a joint and several surety obligation to Gap;

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