(영문) 청주지방법원 2018.04.26 2017가단113679

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(영문) 청주지방법원 2018.04.26 2017가단113679

약정금

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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 36,00,000 and the interest rate thereon from November 29, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 28, 2016, the Plaintiff agreed to pay a sum of KRW 46 million to the Plaintiff on the following content: (a) the Plaintiff filed a criminal complaint against D on the charge of fraud and detained D; and (b) the Defendant C jointly and severally guaranteed the obligation to pay the said agreed amount:

(hereinafter “instant agreement”). ① The repayment shall be made in installments in the amount of KRW 10 million on November 28, 2016, KRW 18 million on November 30, 2017, and KRW 18 million on November 30, 2018.

(3) Where the Defendants delay payment on one occasion, they shall lose the profit from installment repayment, and shall immediately repay the full amount, and shall pay damages for delay calculated by adding a rate of 20% per annum from the date of preparation of the written agreement ( November 28, 2016) to the date of full payment.

B. The Defendants paid KRW 10 million to the Plaintiff on November 28, 2016, and did not fully pay the remainder of the agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, the purport of the whole pleadings

2. According to the facts found in the judgment below, the defendants who lost the profits from the installment repayment of agreed amounts under the agreement of this case are jointly and severally liable to pay to the plaintiff the remaining amount of 36 million won (46 million won - 10 million won) and damages for delay calculated by the rate of 20% per annum from November 29, 2016 to the date of full payment, which the plaintiff seeks in accordance with the agreement of this case.

As to this, the Defendants asserted to the effect that they cannot respond to the Plaintiff’s claim due to their economic difficulties, but the circumstances alleged by the Defendants cannot be accepted as they are not grounds for legal preventing the Plaintiff’s claim.

3. If so, the plaintiff's claim is justified.

유사 판례

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