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(영문) 수원지방법원 2015.07.08 2015가단19144
약정금 등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 39,776,00 as well as the interest rate from June 13, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On January 9, 2015, Defendant A prepared to the Plaintiff a letter of non-performance that he/she would pay 39,800,000 won to the Plaintiff for goods incurred from the provision of a mobile phone or return the mobile phone by January 14, 2015.

B. Defendant A failed to comply with the above due date. On January 16, 2015, Defendant A drafted a letter of non-performance that the Plaintiff would pay KRW 39,776,000 to the Plaintiff by January 21, 2015, and Defendant B, the mother of Defendant A, signed and sealed the letter of non-performance as a joint and several surety.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of claim, the Defendants are jointly and severally liable to pay to the Plaintiff 39,776,000 won and damages for delay at the rate of 20% per annum from June 13, 2015 to the day following the final delivery of the copy of the instant complaint, as sought by the Plaintiff, as the result of the due date.

B. Defendant B’s assertion that it is not related to this case, but the fact that Defendant B prepared Gap evidence No. 3 (Non-performance) upon Defendant A’s request is recognized. Thus, the Defendant’s assertion is rejected.

3. Thus, the plaintiff's claim against the defendants is justified.

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