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(영문) 서울중앙지방법원 2017.01.17 2016가단5165003
약정금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 67,270,000 and KRW 50,000 among them, from July 1, 2016.

Reasons

1. Facts of recognition;

A. Before August 1, 2012, the Plaintiff and the Defendants settled money transactions between the Plaintiff and the Defendants and confirmed that the amount to be repaid to the Plaintiff was KRW 24,614,400. The Plaintiff, who agreed to lend KRW 23,585,600 to the Defendants, transferred KRW 23,585,600 on the same day to the Defendant B’s account.

B. On August 1, 2012, the Defendants issued to the Plaintiff a certificate of borrowing KRW 50 million with the purport that the principal of the borrowed amount shall be 12 months of the borrowed amount and 2% of the interest per month.

C. Until June 30, 2016, the Defendants paid the Plaintiff KRW 2,9730,000,000 as interest.

[Reasons for Recognition] Evidence A(including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the interest and delay damages calculated at the rate of 24% per annum from July 1, 2016 to the date of full payment of the principal amount of KRW 50 million and KRW 1,727,00 ( KRW 47 million - KRW 29,7330,000) not paid among the interest accrued until June 30, 2016.

3. The plaintiff's claim for conclusion is justified and accepted.

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