logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.10.20 2017가합54790
약정금
Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 15% per annum from July 14, 2017 to the day of complete payment.

Reasons

1. Indication of claim;

A. On December 9, 2013, the Plaintiff acquired the claim for the agreed amount owed by C against the Defendant from C, and on December 11, 2013, with respect to the Defendant’s obligation to acquire the transferred amount, the Plaintiff agreed to pay to the Plaintiff KRW 600,000,000 out of the transferred amount’s obligation of KRW 900,000,000 until March 30, 2014, and the remainder KRW 300,000,000 after the Defendant’s transfer or development of the transferred amount of shares (hereinafter “instant real estate”).

B. If the Defendant did not pay the agreed amount under the above agreement even after March 30, 2014, the Plaintiff received a payment order order against the Defendant regarding KRW 600,000,000, which was part of the agreed amount around October 2015.

C. Since then on December 2, 2015, since the Defendant’s share in the instant real estate was sold due to a compulsory auction on the instant real estate, the Defendant paid the Plaintiff KRW 300,000,000, the remaining debt amount has not been paid up until now.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 300,000,000 in the agreed amount and the damages for delay calculated by applying the rate of 15% per annum from the day following the day of service of the application for payment order ( July 13, 2017) to the day of full payment.

2. Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming that the relevant provisions of Acts are private);

arrow