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(영문) 전주지방법원 2016.04.19 2016가단99
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 85,00,000 won and the interest rate of 15% per annum from January 26, 2016 to the date of full payment.

Reasons

1. On September 4, 2015, non-party SP Construction Co., Ltd. (hereinafter “non-party company”) determined as to the cause of the instant claim (hereinafter “non-party company”) paid KRW 85 million to the Plaintiff on September 4, 2015. Of them, KRW 15 million up to December 30, 2015; KRW 10 million up to January 30, 2016; KRW 15 million up to May 10, 2016; KRW 15 million up to July 30, 2016; KRW 15 million up to July 30, 2016; and the Defendants agreed to pay the profits of the above company up to KRW 15 million up to September 30, 2016 to the Plaintiff in installments; and the Defendants agreed to pay the profits of KRW 15 million up to the period up to 15 million up to the period up to 201, as to non-party 2’s joint and several liability agreement.

Therefore, barring any special circumstance, the Defendants are obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from January 26, 2016 to the date of full payment after the final delivery of the instant complaint to the Defendants, as sought by the Plaintiff.

As to this, Defendant B asserted that it is impossible to comply with the Plaintiff’s claim in this case since it currently filed a petition for bankruptcy, but the fact that Defendant B filed a petition for bankruptcy cannot affect the Plaintiff’s claim in this case, and thus, the above assertion is rejected.

2. citing the Plaintiff’s claim for conclusion

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