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(영문) 인천지방법원 2016.06.30 2016가단12860
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 22,637,700 and the interest rate of KRW 15% per annum from February 20, 2016 to the day of complete payment.

Reasons

1. Each fact listed in the separate sheet Nos. 1 to 4 (joint guarantor C) as to the plaintiff's claim (joint guarantor) does not dispute between the parties, or can be acknowledged by taking account of the overall purport of each statement and pleading Nos. 1 and 2 as a whole.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sales incentives and the remainder of the goods (=20,000,000 won) and damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from February 20, 2016 to the date of full payment, following the delivery of the original copy of the instant payment order.

The defendant alleged to the effect that "at the time the actual operator of the DNA set was E, and that he lent his name by requesting the change of name to the defendant who is an employee of the DNA set," but there is no evidence to acknowledge the fact of lending the above name, and the above argument is without merit.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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