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(영문) 전주지방법원군산지원 2017.05.30 2017가단778
약정금
Text

1. The Defendant’s KRW 109,649,775 for the Plaintiff and 5% per annum from January 1, 2017 to January 23, 2017.

Reasons

In full view of the entries and arguments in Gap evidence No. 1, the plaintiff was admitted as a joint guarantor of the defendant's loan obligation to the agricultural cooperative, and the defendant subrogated for the loan obligation. On June 25, 201, the defendant prepared a letter that the plaintiff paid 112,649,775 won in total, including the principal and interest 9,649,775 won, to the plaintiff up to December 2016, and the plaintiff was paid 3,00,000 won out of the above agreed amount.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 109,649,775 (i.e., 112,649,775 won-3,00,000) and damages for delay calculated at the rate of 5% per annum under the Civil Act from January 1, 2017 to the service date of the original copy of the payment order in this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

As to this, the defendant asserted that he paid 10,000,000 won more, but there is no evidence to acknowledge the above fact of payment, and the defendant's above assertion is rejected.

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