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(영문) 서울중앙지방법원 2017.07.19 2017가단12002
위약금
Text

1. The defendant shall pay 10 million won to the plaintiffs and 15% per annum from January 12, 2017 to the day of complete payment.

Reasons

1. The allegations and judgment of the parties

A. 1) In full view of the purport of the entire arguments in the statement in Gap evidence Nos. 1 through 8, the plaintiffs shall make a written agreement with the defendant Foundation on August 10, 2016 that the sum of the amounts borrowed by the defendant Foundation from the plaintiffs shall be KRW 334,69,317 in six installments (see attached Form No. 1; hereinafter referred to as the "instant agreement").

(2) The defendant foundation is obligated to pay damages for delay calculated at the rate of 15% per annum under the Special Act on the Promotion, etc. of Legal Proceedings from January 12, 2017 to the day of full payment after the original copy of the instant payment order was served to the plaintiffs pursuant to the instant agreement. However, the defendant foundation is obligated to pay damages for delay calculated at the rate of 15% per annum from January 12, 2017 to the day of full payment.

B. As to the determination of the Defendant Foundation’s assertion, the Defendant Foundation asserts that the Plaintiffs could not pay the penalty because they have abused approximately KRW 4.4 billion of the funds of the Defendant Foundation over several times and incurred enormous losses.

However, the written evidence Nos. 1 and 2 alone is insufficient to admit the Defendant’s assertion, and it is not acceptable to accept this assertion as there is no other evidence submitted.

2. For this reason, the plaintiffs' claims are accepted in full and it is decided as per Disposition.

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