(영문) 서울서부지방법원 2014.11.21 2014가단9543

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(영문) 서울서부지방법원 2014.11.21 2014가단9543

약정금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 45,00,000 and 20% per annum from November 22, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. A. Around July 1997, Defendant B borrowed KRW 50,000,00 from the Plaintiff on the pretext of business funds, etc., but failed to repay this. The Plaintiff filed a complaint with the investigative agency around February 2, 2004 against Defendant B on the charge of fraud.

B. After doing so, the Plaintiff and Defendant B agreed on the above loan and accusation case, and agreed on April 20, 2004 as follows.

① Defendant B shall be paid KRW 50,000,000 to the Plaintiff, and shall be paid KRW 5,000,000 per month on April 21, 2004 and shall be paid KRW 1,00,000 per month.

② The Plaintiff withdraws the above complaint and seeks action against the Defendant B to an investigative agency.

3. Defendant B promises to assume any responsibility for civil and criminal matters and to complete the payment as much as possible if the above conditions are given prior to the given period.

C. Meanwhile, Defendant C signed and sealed the above written agreement as a guarantor, and the name and seal of the guarantor as to the above part of the signature and seal of the guarantor was written only in the form of evidence Nos. 2 (certificate) stating the above agreement, but the above phrase is not clearly written. However, Defendant C did not dispute over the facts stated in the above phrase (Article 1 of the preparatory document written by the above Defendant Oct. 23, 2014).

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1 and 2 (including virtual numbers), and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 45,000,000 as well as damages for delay calculated at the rate of 20% per annum from November 22, 2014 to the date of full payment under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, which is the day following the judgment of this case.

As to this, Defendant C merely confirmed that the agreement was reached as a third party, but did not stand as a joint and several surety.

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