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(영문) 서울북부지방법원 2019.07.09 2018가단24186
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 150,000,000 and the interest thereon from February 9, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company aimed at breeding processing and distribution business, trade business, etc.

B. On March 28, 2017, while the Defendant Company maintained a claim and obligation with the Plaintiff for business purposes, on March 28, 2017, the Defendant Company prepared and provided to the Plaintiff a letter of payment with the following content (hereinafter “instant letter of payment”). Defendant C, D, and E jointly and severally guaranteed the Plaintiff’s obligation to pay the said letter of payment with the Defendant Company:

The Plaintiff

1. The Defendant Company shall pay 30,000,000 won in cash on March 28, 2017.

2. The Defendant Company shall pay 60,000,000 won in cash on May 15, 2017.

(30,000,000 won shall be paid in cash when there is a shortage in the amount of the first loan, and 30,000,000 won shall be paid until July 30, 2017)

3. Until May 30, 2017, the Defendant Company shall equally divide the shape and location of the land (where materials are located, F in Chungcheong City) into the land of the cadastral and old map.

4. By August 30, 2017, Defendant Company shall make a reservation to sell and purchase the above land in gold KRW 90,000,000 and shall provide procedures for the registration of provisional reservations for sale and purchase.

5. Each clerk shall pay the amount of KRW 90,000,000 at his/her own expense for the settlement of cash;

(1) Expenses for land division and provisional registration shall be borne by the defendant company.

(2) The defendant company shall pay in lieu of interest on a bank loan (175,000,000 won) of the plaintiff.

(3) The interest shall be paid at a rate of 6% per annum on 90,000,000 won prior to the settlement of the amount.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 6 (including each branch number, if any), the purport of the whole pleadings

2. According to the above facts of determination, the defendant company is obligated to pay the sum of KRW 60,000,000,000 as requested by the plaintiff among the cash of KRW 90,000,00 in accordance with the letter of payment in this case, and KRW 150,000,000 as the cash settlement for KRW 90,000 in Chungcheong City, and the delay damages therefor. The defendant C, D, and E are joint and several guarantors.

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