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(영문) 광주지방법원 2018.02.20 2016가단530203
약정금
Text

1. Defendant B’s KRW 19,740,00 for the Plaintiff and KRW 5% per annum from June 15, 2016 to December 27, 2016.

Reasons

1. Facts of recognition;

A. Defendant B prepared on June 14, 2015 a written agreement (Evidence A 1-2) containing the following contents, and entered himself as the primary debtor, and signed and sealed his husband D, entered his husband D as a joint guarantor, and then delivered it to the Plaintiff.

In the event that Defendant B did not pay KRW 1,410,000 on June 14, 2015, the total amount of the unpaid amount in addition to the statutory interest from the day following the day of the termination of the contract, in addition to the amount of KRW 30,000,000.

Defendant B prepared a written agreement (No. 1-1) dated March 14, 2016, which includes the following contents, and entered himself as the principal debtor, signed and sealed him as the principal debtor, and signed and sealed his husband D as the joint guarantor, and then delivered it to the Plaintiff with his signature and seal affixed thereon.

In the event that Defendant B did not pay KRW 1,410,000 in 16 times in the amount awarded at a successful bid on March 14, 2016, Defendant B made an agreement that the full amount of the unpaid amount shall be paid in addition to the statutory interest from the day following the day on which the penalty is paid.

D On June 20, 2016, Defendant B, E, Defendant C, and F died as wife on June 20, 2016. On September 13, 2016, the report was accepted on September 30, 2016, reporting to the Gwangju Family Court to waive the inheritance of the deceased’s property.

【Ground of recognition】 The fact that there is no dispute, Gap 1-1, 1-2, Eul 1, 2, and the purport of the whole pleadings

2. The Plaintiff filed a claim against Defendant B, on six occasions from June 14, 2016 to December 14, 2016 of the same year, was not paid KRW 1,410,00 under each of the above agreements on seven occasions, and thus, 19,740,00 won (i.e., KRW 1,410,00 x 2 x 7) and damages for delay from June 15, 2016 shall be paid to G on behalf of the Plaintiff, with interest on KRW 10,00,000 on the above Defendant’s loan amount from June 14, 2016 to KRW 7,50,000 for the same period as interest on KRW 5,00,000 for the above Defendant’s loan amount, and KRW 350,500,000.

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