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(영문) 인천지방법원 2017.05.10 2016가단51506
보증채무금
Text

1. The Defendant shall pay to the Plaintiff KRW 120,00,000 and the interest rate of KRW 15% per annum from October 6, 2016 to the date of full payment.

Reasons

1. According to the evidence No. 2, the Defendant agreed to pay KRW 220,000,000 to the Plaintiff by June 17, 2016, in relation to the return of the deposit by the Egram Cooperative in Suwon-si, Suwon-si, the Defendant, if Nonparty B and C fails to return the deposit to the Plaintiff by June 17, 2016.

2. According to the above facts of recognition in this case where the Plaintiff alleged that KRW 100 million had been returned among the security deposit and sought payment of KRW 120 million against the Defendant pursuant to the above agreement, the Defendant is obligated to pay to the Plaintiff the amount calculated by the rate of KRW 120,000,000 per annum from October 6, 2016 to the date following the delivery of the copy of the complaint in this case as the Plaintiff seeks.

As to this, the defendant asserts to the effect that if B and C pays a deposit of KRW 500 million to the defendant, the defendant shall pay KRW 120 million from such money, and that the above B and C shall not pay the money to the defendant, since they did not pay the money to the defendant.

According to the statement in Gap evidence No. 2, it is recognized that Eul, etc. agreed to return the deposit to the plaintiff out of the deposit deposit amount of KRW 500 million paid to the defendant.

However, according to the above evidence, the defendant is found to have agreed that "B and C shall return the deposit paid by the defendant up to June 30, 2016, out of the deposit amount of 500 million won paid when the promise is not fulfilled." Accordingly, it is determined that the deposit amount of 500 million won has already been paid.

Therefore, the defendant's argument is not justified.

3. Conclusion, the plaintiff's claim of this case is justified.

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