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(영문) 대구지방법원 2015.02.12 2014가합206345
약정금
Text

1. The Defendant: (a) KRW 186,479,520 to Plaintiff A; (b) KRW 84,251,820 to Plaintiff B; and (c) each of them, from June 1, 2014 to December 12, 2014.

Reasons

1. Indication of claim;

A. Plaintiff A’s contractual claim 1) Plaintiff A’s social welfare foundation C (hereinafter “Defendant corporation”).

(2) Around January 15, 2014, Plaintiff A demanded that the Defendant pay KRW 192,567,220 of the total amount of the payment and retirement allowances to Plaintiff A around 192,00,000 from August 22, 20197 to October 1, 200, as the head of the Daegu D Child Care Center, which is an affiliated facility, paid the repair expenses, extension expenses, and construction expenses of company houses. Around January 15, 2014, Plaintiff A demanded the payment of KRW 192,567,220 to the Defendant corporation. The Defendant, on February 22, 2014, prepared and issued a confirmation document with the due date as of May 31, 2014.

B. Plaintiff B’s contractual deposit claim 1) was in office as the president from around November 2002 to July 2008, Plaintiff B paid the legal costs of the Defendant’s legal entity on behalf of the president from around July 5, 2014, Plaintiff B demanded the Defendant’s legal entity to pay the delayed payment calculated at a rate of 5% per annum from July 24, 2014, when Plaintiff B received the last payment, and the Defendant, on February 22, 2014, prepared and issued a confirmation document stating that the total sum of KRW 64,251,820, and KRW 20,000,000, and KRW 20,820,000, and KRW 820,820,000, as of May 31, 2014.

C. Therefore, the Defendant corporation is obligated to pay the Plaintiff A the principal and damages for delay, the principal and damages for delay, and 84,251,820 won, each of which are paid by the Plaintiff B from June 1, 2014 to December 8, 2014, which is the day following the due date for payment, 5% per annum under the Civil Act, and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

2. Judgment with no ground for recognition (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

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