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(영문) 대전지방법원 2015.04.02 2014가단45161
약정금
Text

1. The defendant shall pay 15,00,000 won to the plaintiff and 20% per annum from January 7, 2015 to the day of complete payment.

Reasons

The Plaintiff asserts that he filed a complaint with Nonparty C, and in relation thereto, the Defendant and the Defendant agreed to pay the principal amount of KRW 50 million and interest KRW 1.5 million to himself, on condition that the above complaint was withdrawn, around 2004, and sought payment of KRW 6.5 million and damages for delay against the Defendant.

According to the statement in Gap evidence No. 1, it is acknowledged that the defendant agreed to pay to the plaintiff in installments the interest amounting to KRW 15 million per 1.5 million per month over 2004.

According to this, the defendant is obligated to pay to the plaintiff 15,00,000 won and 20% interest per annum from January 7, 2015 to the day of full payment, which is the day following the day when the copy of the complaint of this case was served to the defendant, as the plaintiff seeks.

However, it is insufficient to recognize that the Defendant agreed to pay 50,000 won to the Plaintiff on the condition that the Plaintiff withdraw a complaint.

According to the statement in Gap evidence No. 1, the defendant is only recognized as having agreed to transfer the right of sale in the name of the plaintiff under the condition that the plaintiff withdraws a complaint.

The plaintiff's assertion in this part is without merit.

Thus, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.

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