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(영문) 대전지방법원 2017.09.21 2016가단34677
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 137,895,00 and the interest rate of KRW 15% per annum from July 21, 2016 to the day of full payment.

Reasons

Facts of recognition

On March 17, 2015, the Plaintiff entered into a contract for goods supply and purchase with the content that the Plaintiff would supply construction materials to B (hereinafter “B”) and the Plaintiff.

On July 4, 2016, the Plaintiff and B settled the unpaid construction material costs of KRW 140,000,000,000, and the Plaintiff prepared a bill and agreement on outstanding amounts (hereinafter “Agreement on July 4, 2016”) with intent to lend KRW 200,000,000 to B by issuing two bills with face value of KRW 100,000,000,000, and the Defendant jointly and severally guaranteed the obligation pursuant to the said agreement. B pays KRW 100,000,000,000 to the Plaintiff by July 15, 2016. The remaining amount of KRW 16,000,000,000,000,000 to the Plaintiff shall not be paid to the Plaintiff by 16,000,0000,000,0000,000,000,000,000).

1. B pays to the Plaintiff KRW 5,532,00,000, out of the amount of accrued construction materials of 137,895,000, until July 20, 2016.

2. The unpaid balance of KRW 44,314,00 shall be paid until August 12, 2016.

3. Payment of 38,261,000 won in the third remaining balance by September 13, 2016.

4...

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