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(영문) 의정부지방법원 2013.11.27 2013가합3474
약정금
Text

1. As to each of the plaintiffs' KRW 175 million and each of them KRW 25 million, the defendant from August 31, 2009 to KRW 100 million, respectively.

Reasons

1. Facts of recognition;

A. C lent KRW 37 million to the Defendant on March 10, 2009 on the due date. However, the Defendant failed to repay the above borrowed amount by the due date, and the Defendant agreed to pay KRW 50 million to C by August 30, 2009.

B. C invested KRW 300 million in the new E site located outside Gyeonggi-gun D and five parcels, and the Defendant agreed to pay the above KRW 300 million to C within two months after the completion of the above E.

C. The above E obtained approval for use on March 28, 2012.

C died on December 19, 2012, and the plaintiffs, their children, jointly inherited their property.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay damages for delay at each rate of KRW 175 million ( KRW 50 million ( KRW 50 million x KRW 30 million x KRW 1/2 of inheritance shares) from August 31, 2009, which is the day following the due date for payment, to the plaintiffs who are inheritors, and KRW 150 million from May 29, 2012, which is the day following the due date for delivery of a duplicate of the application for the payment order of this case, from March 6, 2013, which is the day of delivery of a duplicate of the application for the payment order of this case, 5% per annum under the Civil Act, and from the next day until the day of full payment, 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

3. In conclusion, the plaintiffs' claims are accepted within the scope of each of the above grounds, and each of the remaining claims is dismissed as it is without merit. It is so decided as per Disposition.

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