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(영문) 서울중앙지방법원 2020.11.17 2019가단5220758
구상금
Text

1. The Defendant’s KRW 38,857,312 and KRW 38,66,628 among the Plaintiff and KRW 38,66,628 annually from June 8, 2019 to August 23, 2019.

Reasons

1. Facts of recognition;

A. On May 3, 2018, the Defendant’s name entered into a loan transaction agreement (hereinafter “instant loan agreement”) between the Intervenor and the Intervenor as to the loan amount of KRW 40,000,000, and the loan period of KRW 10 years (hereinafter “instant loan agreement”). The Defendant’s expression of intent to subscribe was made with an electronic signature with the Defendant’s authorized certificate.

B. The Intervenor entered into an additional agreement on the instant loan agreement in the name of the Defendant on behalf of the Plaintiff (hereinafter “the instant additional agreement”). The instant additional agreement includes the following: “In the event the Defendant fails to perform his/her obligation for the instant loan, the Intervenor would not raise an objection to the claim against the Plaintiff; and in the event that the Plaintiff pays the insurance money, the Defendant would pay the insurance money by adding the payment amount, the amount of delayed payment from the following day to the date of full payment, the expenses incurred in the performance of the claim, such as delayed payment, claims preservation, transfer, lawsuit, auction, etc., and other expenses to be borne by the principal under the law.”

On the other hand, the Defendant’s expression of intent to the instant additional agreement was made with an authorized electronic signature by the Defendant’s name.

C. After that, the Defendant did not pay the instant loan, the Plaintiff paid KRW 38,66,628 to the Intervenor on May 8, 2019 as insurance money.

As of June 7, 2019, the fixed damages for delay in relation to the above KRW 38,66,628 calculated by the agreed delay damages rate stipulated in the instant Additional Agreement are KRW 190,684.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 9, 10, 13 (including each number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant has the original copy of the instant payment order from June 8, 2019, which is the date following the settlement date, with respect to KRW 38,857,312 (paid insurance money of KRW 38,666,628 and delay damages of KRW 190,684) and the above KRW 38,857,312.

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