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(영문) 부산지방법원 2015.10.21 2015가단42168
구상금
Text

1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 5% per annum from August 7, 2014 to June 17, 2015; and (b) June 18, 2015 for the Plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments in the statements Nos. 1, 2, and 3-1, and 2, C representing the defendant on August 4, 2014, the fact that on behalf of the defendant, the plaintiff representative director D and deceased E, the defendant agreed to pay KRW 100 million to F out of the amount agreed upon by the defendant as to the death accident until August 6, 2014, and that the plaintiff paid to F, including the amount of KRW 100 million to be borne by the above defendant on behalf of the defendant.

Although the defendant contests the above facts of recognition, the testimony by the witness C alone is insufficient to reverse the above fact-finding, and there is no other counter-proof by the defendant.

The defendant asserts that the above agreement has no effect since it was prepared in the form of form.

Article 108 of the Civil Code is a false declaration of intent.

However, the testimony of the witness C alone is insufficient to recognize the defendant's assertion, and there is no other evidence, so the above defense is without merit.

Therefore, the Defendant is obligated to pay to the Plaintiff the annual interest rate of 5% as stipulated in the Civil Act from August 7, 2014 to June 17, 2015, the service date of a copy of the complaint in this case, from August 7, 2014, which is the day following the due date of the above payment, to the day of delivery of a copy of the complaint in this case, the rate of 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to September 30, 2015, and the damages for delay from October 1, 2015 to the day of full payment.

It is so decided as per Disposition by the assent of all participating Justices.

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