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(영문) 서울중앙지방법원 2020.11.27 2019가단57566
약정금 청구의 소
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 28,50,000 as well as to the day of full payment from November 12, 2020 to the day of full payment.

Reasons

1. Basic facts

A. On May 30, 2018, the Plaintiff prepared an agreement (Evidence A No. 1) with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) as follows and agreed as the content thereof (hereinafter “instant agreement”).

【(A)” refers to the Plaintiff, and “(B)” refers to the Defendant Company B.

B. Pursuant to Article 2 of the instant arrangement, the Plaintiff lent KRW 100 million to the Defendant Company, and Defendant B jointly and severally guaranteed the Defendant Company’s loan obligations. In this regard, the Defendants issued and delivered the following loan certificates (Evidence A2) to the Plaintiff on May 30, 2018.

on May 30, 2018, the obligor C (State) borrowed 100 million won in full (Won 100,000,000) from the Creditor A in two separate accounts, and promise to make equal payment four times from August 10 to November 10, 2018.

The joint and several sureties B representative director of May 30, 2018: The fact that there is no dispute over B (based on recognition), the entries in the evidence Nos. 1 through 5, and the purport of the whole pleadings.

2. Claim against the defendant company

A. According to the above facts in light of the determination as to the cause of the claim, the Defendant Company agreed to pay KRW 1.5 million per month to the Plaintiff from July 2018 to February 2022, 201.

Therefore, pursuant to paragraph (1) of the instant arrangement, the Defendant Company is obligated to pay to the Plaintiff the agreed amount of KRW 42 million from July 2018 to October 2020 (i.e., KRW 1.5 million per month x 28 months) less the amount of KRW 13.5 million per nine months agreed upon by the Plaintiff (i.e., KRW 1., KRW 1.5 million per month x 9 months) and the remainder of KRW 28.5 million (i.e., KRW 42 million - KRW 13.5 million).

B. The defendant company to determine the defense of the defendant company shall pay 1.5 million won per month to the defendant company at least three times a week under the condition that the plaintiff would work at least three times a week.

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