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(영문) 창원지방법원거창지원 2016.11.15 2016가단1699
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 38,00,000 won and 5% per annum from April 1, 2016 to September 23, 2016.

Reasons

1. On December 7, 2015, Defendant A’s agricultural partnership (hereinafter “Defendant A”) agreed to pay to the Plaintiff KRW 38,000,000 as a result of the Plaintiff’s supply of goods by March 31, 2016. Defendant B jointly and severally guaranteed the Defendant A’s obligation to pay the said agreed amount on the same day.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 38,00,000 won agreed upon, and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from April 1, 2016 to September 23, 2016, the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment.

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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