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(영문) 서울서부지방법원 2019.08.14 2019가단207991
약정금
Text

1. The Plaintiff, Defendant B, while Defendant B, from March 1, 2019 to March 20, 2019, 6% per annum from March 1, 2019 to March 20, 201, and March 21, 2019.

Reasons

At the end of 2016, the Plaintiff, a merchant operating the landscape gardening construction business, etc., was offered with a proposal from the Defendants that he will pay the expenses after the lease of office, collection of office, and interior, etc. for the D landscaping business, and agreed to do so, and paid the Defendants the total of KRW 17,00,000, office rent of KRW 45,804,000, and office rent of KRW 45,804,000 to the Defendants. Since the Defendants failed to properly conduct the D landscaping business, the Plaintiff demanded the Defendants to reimburse the above expenses, and the Defendants, on May 31, 2018, did not agree to repay the expenses until February 28, 2019, and it is recognized that there is no dispute between the parties under subparagraph 1.

Therefore, Defendant B is obligated to pay to the Plaintiff damages for delay as stipulated in the Commercial Act from March 1, 2019 to March 20, 2019, the delivery date of a copy of the complaint of this case; 6% per annum from March 21, 2019 to May 31, 2019; 15% per annum from June 1, 2019 to the day of full payment; and 12% per annum from June 1, 2019 to the day of full payment; Defendant C is obligated to pay damages for delay from March 1, 2019 to April 12, 2019 to the day of full payment; and Defendant C is obligated to pay 6% per annum from March 1, 2019 to the day of delivery of a copy of the complaint of this case; 3% per annum from April 13, 2019 to the day of full payment; and 15% per annum from May 13, 2019 to 19.

Therefore, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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