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(영문) 서울남부지방법원 2017.03.31 2016가합106736
약정금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 935,620,600 and KRW 680,000 among them, from January 1, 2014.

Reasons

1. Facts of recognition;

A. On October 1, 2010, the Plaintiff and the Defendants agreed to pay KRW 800,000,000 and interest thereon, which the Plaintiff lent to the Defendants around 2008, as follows:

(hereinafter “instant installment payment agreement”). The instant installment payment agreement

1. The Defendants shall jointly and severally pay to the Plaintiff the interest at the rate of 10% per annum from October 1, 2010 to June 30, 2015, with respect to the said amount of KRW 800,000,000, and the said amount, in installments in the following manner:

The Defendants shall jointly and severally pay 120,000,000 won to the Plaintiff in installments from January 1, 201 to December 31, 2011 as KRW 10,000 as of the end of each month.

B. The Defendants shall jointly and severally pay 240,000,000 won to the Plaintiff in installments from January 1, 2012 to December 31, 2012 at KRW 20,000 as of the end of each month.

C. The Defendants shall jointly and severally pay KRW 360,000,000 to the Plaintiff in 30,000 as of the end of each month from January 1, 2013 to December 31, 2013.

The Defendants shall jointly and severally pay 80,000,000 won to the Plaintiff by June 30, 2014.

E. Defendants shall jointly and severally pay to the Plaintiff interest at the rate of 10% per annum from October 1, 2010 to June 30, 2015, and one half of the above interest shall be paid until June 30, 2015, and one half of the remainder shall be paid until June 30, 2016.

2. The Defendants shall immediately lose the benefit of time to the remainder when they neglect to pay each of the above 1.1 times even once, and the Defendants shall jointly and severally, “A” from the above 80 million won to “A” minus the amount already paid to “A.”

Notwithstanding the statement in paragraph, interest at the rate of 20% per annum shall be paid until the date of full payment.

The amount of lump-sum payment of KRW 10,000,000 on January 31, 201, 201 shall be KRW 10,000,000 on February 28, 2011.

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