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(영문) 수원지방법원 2019.05.16 2018가합25444
약정금
Text

1. The Defendant’s KRW 223,691,780 among the Plaintiff and KRW 130,000 among them, shall be KRW 90,00,000 from July 26, 2017.

Reasons

1. Basic facts

A. On July 23, 2016, the Defendant prepared a letter with the following contents and delivered it to the Plaintiff after obtaining certification from the attorney-at-law in charge of authentication on July 25, 2016.

(hereinafter referred to as “instant agreement”). The Defendant agrees to pay the Defendant’s money under the foregoing letter to the effect that C, the complainant, shall pay 300 million won of the money borrowed by C from the Plaintiff as follows:

By July 25, 2016, 100 million won shall be paid by no later than 10:00 am on July 25, 2016 and shall be paid 100 million on January 25, 2017 and shall be paid 13,000 million on July 25, 2017.

B. In accordance with the instant agreement, the Plaintiff received KRW 100 million from the Defendant on July 25, 2016, and thereafter received KRW 10 million from C around October 10, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. 1) According to the instant agreement, the Defendant, according to the purport of the claim, was obligated to pay the Plaintiff a total of KRW 10 million on July 25, 2016, KRW 100 million on January 25, 2017, KRW 330 million on July 25, 2017, KRW 300 million on the ground that the Plaintiff received only KRW 110 million from the Defendant and C. Therefore, the Defendant was obligated to pay the Plaintiff a total of KRW 220,000 and KRW 90,000 from January 26, 2017, KRW 130,000,00 from July 26, 2017, KRW 200,000, KRW 300,000 from each of the instant claims for late payment damages, barring any special circumstance, to the effect that the Defendant was obligated to pay the remainder of KRW 20,000,00 to the Plaintiff under the instant agreement.

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