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(영문) 서울서부지방법원 2014.11.28 2014가단2818
약정금
Text

1. The defendant shall pay 90,200,000 won to the plaintiff and 20% per annum from November 29, 2014 to the day of full payment.

Reasons

If Gap evidence No. 1-1 (the part of the defendant's written statement among the written agreement, the defendant's assertion to the effect that the part in his own written statement is forged by C, but there is no evidence to acknowledge it), and Gap evidence No. 1-2 and 3 added the whole purport of the pleading to the whole purport of the pleading, the defendant's husband C, from July 2008 to August 201, who is the defendant's husband, operated drinking houses by leasing part of the hotel located in Suwon-gu, Busan from the plaintiff from July 2008 to August 201, but C did not pay the rent during the above lease period, C did not pay the rent, and C prepared an agreement with the plaintiff to divide the above overdue rent of KRW 92,00,000 into the above overdue rent of March 23, 2010, and during this process, the defendant did not have any joint and several debt guarantee, and each of the above agreement shall be acknowledged.

According to the above facts, the defendant, as a joint and several surety, is obligated to pay the plaintiff the above agreed amount of KRW 90,200,000 and damages for delay calculated at the rate of 20% per annum from November 29, 2014 to the date of full payment under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

Therefore, the plaintiff's claim is accepted as reasonable.

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