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(영문) 서울중앙지방법원 2016.11.02 2016가합515716
약정금
Text

1. From August 30, 2003 to April 4, 2016, the Defendant’s KRW 240,000 among the Plaintiff’s KRW 290,000 and the said KRW 240,000 among the said KRWs.

Reasons

In full view of the statements in Gap evidence Nos. 1 through 8 and 10 (including each serial number, if any) and the purport of the entire argument as a result of the plaintiff's newspaper, the plaintiff transferred the business of "Esing shop" to Eul on August 30, 2003, the plaintiff was determined as KRW 240,000,000, and the price was determined as KRW 240,000,000 and was paid 10% interest per annum as of the last day of each month. The plaintiff lent 50,000,000 to B on December 12, 2004, with the due date set as KRW 1.5% on December 31, 2004, and the Seoul Family Court died on April 12, 2015, and the fact that the defendant was appointed as an administrator of inherited property on November 13, 2015.

Therefore, the defendant is obligated to pay to the plaintiff 290,000,000 won with interest of 1.5% per annum under the agreement from August 30, 2003 to April 4, 2016, which is the delivery date of the complaint of this case, and interest of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, and interest of 50,000,000 won calculated by the rate of 1.5% per annum under the agreement from January 12, 2004 to the day of full payment. Thus, the defendant is obligated to accept the plaintiff's claim.

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