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(영문) 서울남부지방법원 2015.09.11 2014가합112034
약정금
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 150,000,000 as well as 20% per annum from August 19, 2015 to the date of full payment.

Reasons

1. Around August 2002, the Plaintiff lent KRW 100 million to Defendant B. Accordingly, on May 11, 2004, Defendant B agreed to have the Plaintiff pay KRW 150 million in face value (No. 1880, 2004) and delivered a promissory note No. 150,000 in face value (No. 1880, a notary public’s Japanese law firm deed). Defendant C jointly and severally guaranteed KRW 100,000 out of the above debt of Defendant B on November 12, 2004.

Therefore, Defendant B is jointly and severally liable to pay to the Plaintiff KRW 150 million and delay damages therefor, and Defendant C is jointly and severally liable with Defendant B to pay KRW 100 million and delay damages.

2. Grounds for recognition;

(a) Defendant B: Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

(b) Defendant C: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

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