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(영문) 대전지방법원 2019.12.12 2018가단222836
약정금
Text

1. Defendant D’s KRW 70,000,000 as well as 5% per annum from September 18, 2018 to December 12, 2019 to the Plaintiff.

Reasons

1. Determination as to the claim against Defendant D

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

C. The Plaintiff asserts that the part of the period of partial withdrawal was agreed to pay KRW 1,00,000 per month interest on Defendant D’s KRW 70 million and to guarantee KRW 2,00,000,000 per month on the first floor of the building in Seo-gu Daejeon, Seo-gu, Daejeon.

However, even based on the statements in Gap evidence Nos. 4 and 6 (including each number, if any, hereinafter the same shall apply), the plaintiff can only recognize that the plaintiff received 3 million won per 14 times from the defendants over 14 times from May 2, 2016 to August 10, 2018 (11) or the amount equivalent to the above deposit (3 times) from the defendants, and it is insufficient to recognize the fact that defendant D agreed to pay interest and guarantee monthly tax with the contents as alleged by the plaintiff, and there is no other evidence to prove it otherwise.

(A) The Plaintiff asserts to the effect that (a) during the period from May 2, 2016 to August 10, 2018, the Plaintiff was paid KRW 37,100,000 from Defendant D’s payment of the total amount of KRW 70,000 per month during the period from May 2, 2016 to the period from August 10, 2018. However, the Plaintiff asserted to the effect that the monthly interest of KRW 1,00,000 per month during the period from 70,000 per year should be appropriated for the repayment of the principal amount of KRW 77,10,000 per year. Therefore, the Plaintiff’s payment of the agreed amount of KRW 70,000 from September 18, 2018 to December 12, 2019, the Plaintiff’s claim for damages for delay exceeding the annual interest rate of KRW 5,000,000 per year from the day following the sentencing of this case is dismissed.

2. Claim against the Defendant B

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