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(영문) 수원지방법원성남지원 2016.05.31 2015가단214737
약정금
Text

1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and 5% per annum from August 16, 2012 to August 12, 2015.

Reasons

1. In full view of the following facts: (a) there is no dispute between the parties to the claim and the judgment; (b) the Plaintiff prepared a written statement stating that the Defendant would have paid the amount of goods equivalent to KRW 40,000,000 to B, a representative director, and that the said company failed to pay the amount of goods; (c) the Defendant would pay the Plaintiff the amount of goods to the Plaintiff on July 24, 2012; (d) the said company would pay KRW 10,000,000 to the Plaintiff by August 5, 2012; and (e) the said company would transfer its claim against Shas Co., Ltd. to the Plaintiff by August 15, 2012; and (e) the Defendant would be liable for civil criminal liability related to the above goods payment obligation to the Plaintiff if the agreement is made. However, it is recognized that the said company failed to pay the obligation to the Plaintiff within the given period.

According to the above facts, the defendant is obligated to pay to the plaintiff as jointly and severally liable 40,00,000 won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from August 16, 2012 to August 12, 2015, which is the delivery date of a copy of the complaint in this case, from August 16, 2012, which is the delivery date of the copy of the complaint in this case, 20% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings until September 30, 2015, and 15% per annum from the next day to the day of full payment.

(No later than October 1, 2015, the statutory interest rate of the first instance court was 20% per annum until September 30, 2015; and from October 1, 2015, the rate of 15% per annum from October 1, 2015.

3. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit.

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