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(영문) 서울북부지방법원 2015.09.09 2014가합6880
약정금
Text

1. The defendant shall pay 120,000,000 won to the plaintiff and 24% per annum from June 17, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Kti Co., Ltd. (hereinafter “K”) borrowed from the Plaintiff KRW 10 million on October 10, 2012, and KRW 120 million on October 12, 2012, totaling KRW 100 million on December 17, 2012 without due date. On June 17, 2013, the Plaintiff agreed to pay the Plaintiff interest at 2% per month on the said borrowed amount.

(hereinafter “instant loan obligation”) B.

The Seoul Northern District Court Decision 2013Kahap7442 decided on March 27, 2014 and the judgment in favor of all the Plaintiff ordering payment of the amount equivalent to 24% per annum from June 17, 2013 to the date of full repayment, which became final and conclusive on April 15, 2014.

C. Meanwhile, on March 13, 2013, the Defendant and the case concluded a merger agreement between the Defendant and the Defendant to divide the part of the case’s electrical construction business into parts divided and divided, and that the case will continue to exist (hereinafter “this case’s merger by division”). The relevant contents among them are as follows.

(Transfer and Acquisition of Assets, Rights, and Obligations) ① On December 27, 2013 at the date of division registration (hereinafter “Contribution and Acquisition of Assets, Rights, and Obligations”) ① The Defendant shall engage in the principal electrical construction business and the investment certificates of the Electric Construction Financial Cooperative (hereinafter “investment certificates”).

(2) The Defendant succeeds to the right of a case under Article 7 of the Electrical Construction Business Act and also succeeds to the obligation of a case for the repair of defects of the construction work in progress and the construction work completed as well as the obligation of a case for the repair of defects under Article 8(1) and (2) of the same Act. (3) The Defendant succeeds to only the obligations of the above paragraphs 1 and 2 of Article 530-9 of the Commercial Act relating to the electrical construction business as provided in Article 530-9(2) of the same Act, and does not succeed to the other obligations.

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