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(영문) 서울중앙지방법원 2016.09.08 2014가단254577
계금
Text

1. The Defendant: (a) KRW 26 million to the Plaintiff; and (b) 5% per annum from April 10, 2014 to September 8, 2016 to the Plaintiff.

Reasons

Around January 8, 2014, when the Plaintiff entered into a mutual savings agreement with the Defendant, the Plaintiff paid KRW 2,188,000,000 to the Defendant for 13 occasions from January 8, 2014 to April 2, 2014. On April 9, 2014, the Plaintiff agreed to be paid KRW 30,000 from the Defendant for the payment of KRW 30,000,00 from the Defendant as a whole, is deemed to have no dispute between the parties, or according to the entry of evidence No. 1 and the purport of the pleadings. According to the above facts, the Defendant, as the Plaintiff seeks, has the obligation to pay KRW 30,000,000 from the date following the above period to April 9, 2014 less KRW 4,600,0000,000,0000,000,000 per annum from the following day to April 1, 2014.

In order for the plaintiff to claim the amount of KRW 30,000,000 according to the order of the fraternity, the defendant shall pay the remaining amount of the fraternity after April 9, 2014, and the plaintiff shall not claim KRW 30,000,000,000, as long as the remaining amount of the fraternity is not paid by the plaintiff. However, the defendant's defense to the effect that conditional or simultaneous performance is not accepted unless there is any evidence to acknowledge it.

(S) Even if the simultaneous performance relationship is recognized, the Plaintiff deducted the Plaintiff from the total amount of KRW 30 million for the remainder of the fraternity to offset the amount of KRW 4 million. In addition, the Defendant is aware that the Defendant would pay the fraternity to C, and if C does not pay the fraternity, the Plaintiff would be responsible for it or joint and several liability, and the Plaintiff would avoid liability thereafter, and the Plaintiff is also a member of the Plaintiff D.

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