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(영문) 의정부지방법원고양지원 2020.10.30 2020가합72877
약정금
Text

The Defendants are jointly and severally liable to the Plaintiff for 600,000,000 won and the interest rate of 12% per annum from May 16, 2020 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s recognition 1) On September 4, 2014, the Geumcheon-gu Seoul Metropolitan Government Complex Building Implementation Project (hereinafter “instant Project”).

(3) A loan of KRW 400,000 to Defendant B, but the due date shall be March 3, 2015; the proceeds shall be 50% of the principal; and the rate of delay damages on the proceeds shall be 18% per annum (hereinafter “the first agreement”).

(2) On August 29, 2015, the Plaintiff remitted KRW 400,000 to Defendant B, and Defendant C guaranteed Defendant B’s debt pursuant to the instant first agreement. Defendant B guaranteed Defendant B’s debt on August 29, 2015 with respect to the instant business (hereinafter “instant second agreement”). Defendant C guaranteed Defendant B’s debt under the instant second agreement.

3) On September 27, 2016, Defendant B entered into an agreement with the Plaintiff to repay KRW 1,200,000 to the principal and interest of the instant 1/200,000 as the principal and interest of the instant 1/200,000 by October 31, 2016 (hereinafter “instant third agreement”); and where the instant 1/3 agreement is jointly referred to, “each of the instant agreements” (hereinafter “instant agreement”).

(4) Defendant C guaranteed Defendant C’s obligation under the instant third agreement. Meanwhile, Defendant C repaid to the Plaintiff KRW 100,000,000 on December 1, 2015 in relation to each of the instant agreements, and KRW 70,000,00 on December 2, 2016, respectively.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

B. According to the above facts of recognition, the Defendants jointly and severally prescribed the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 16, 2020 to the date of full payment, which is the following day after the application for modification of the purport and cause of claim of this case was finally served on the Defendants, within the scope of the amount calculated by deducting the amount repaid by Defendant C from the amount stipulated in each of the instant agreements to the Plaintiff as above.

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