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(영문) 부산지방법원 2016.12.01 2016가단340012
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 70,000,000 and the interest rate thereon from July 1, 2016 to the day of full payment.

Reasons

No dispute exists between the parties, or comprehensively taking account of the purport of the Plaintiff’s evidence No. 1 and the entire pleadings, the Plaintiff and the Defendants, on June 18, 2015, purchased the Plaintiff’s shares 18,100 shares, and paid the Plaintiff KRW 70,000 in the share price in installments from June 25, 2016 to the Plaintiff in a maximum of 20 months. In a case where delay is made once, the Defendants agreed to lose the benefit of the deadline and pay the Plaintiff in addition to damages for delay calculated at the rate of 20% per annum for the unpaid amount. The Defendants were found to have defaulted in the payment of the installment by June 2016.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from July 1, 2016 to the day of full payment, which is the day following the day of loss of the interest on the share price of KRW 70 million and the day of loss of the interest on the due date.

Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.

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