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(영문) 서울중앙지방법원 2015.04.23 2014가단260916
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 63,200,000 and 20% per annum from May 26, 2004 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 26, 2003, Defendant B agreed to pay 63.2 million won to the Plaintiff by May 25, 2004, and if delay occurs, it shall pay damages for delay at the rate of 20% per annum from May 26, 2004.

B. Defendant C and D jointly and severally guaranteed Defendant B’s obligations.

C. On December 21, 2004, the Plaintiff filed a lawsuit against the Defendants, including the Seoul Central District Court 2004Kadan173099 Agreement amount, and confirmed as is upon a favorable judgment rendered on May 26, 2004, that “the Defendants jointly and severally paid to the Plaintiff the amount equivalent to KRW 63.2 million and the amount equivalent to 20% per annum from May 26, 2004 to the full payment date.”

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 63.2 million won with 20% interest per annum from May 26, 2004 to the date of full payment.

3. According to the conclusion, the plaintiff's claim of this case filed again for the interruption of extinctive prescription is with merit, and it is so decided as per Disposition.

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