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(영문) 의정부지방법원 고양지원 2017.01.20 2016가합72146
약정금
Text

1. The Defendant’s KRW 560,513,873 as well as the Plaintiff’s KRW 20% per annum from June 28, 2006 to September 30, 2015.

Reasons

1. According to the purport of Gap evidence Nos. 1, 2, and 3 as to the cause of the claim and the whole arguments, the plaintiff filed a lawsuit with the defendant around 2005, which stated that "the plaintiff shall pay the defendant the amount of KRW 840 million unpaid among the plaintiff and the defendant on the ground that the agreement was entered into between the plaintiff and the defendant to pay KRW 2005Gahap8392, Jun. 1, 2000," and that "the plaintiff shall pay the plaintiff the unpaid amount of KRW 840 million and the delay damages therefor," and the above court on May 19, 2006

On the other hand, the plaintiff was paid KRW 391,332,702 from the defendant on June 27, 2006. Pursuant to Article 479(1) of the Civil Act, the above KRW 391,332,702 with respect to KRW 840,00,000,000 with interest of KRW 111,846,575 per annum from October 28, 2005 to June 27, 2006 (= KRW 840,00 x 20 x 20 x 243 ± 245 ± 365 ±), and the remaining amount is 279,486,127 - 127 - 11,702 - 11,846,575 - 20,000,000,000 won with interest of KRW 20% per annum 2746,767585.768

Therefore, as of June 27, 2006, the Defendant calculated the Plaintiff’s principal amounting to KRW 560,513,873 as of June 27, 2006, at the rate of 15% per annum under the main sentence of Article 3(1) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) from June 28, 2006 to September 30, 2015; and the statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015).

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