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(영문) 전주지방법원 2019.04.24 2018가합3464
약정금
Text

1. For the plaintiffs:

A. The Defendants are jointly and severally liable for 150,000,000 won and 50,000,000 won among them.

Reasons

1. The description of the claim is as shown in the [Attachment 1] and the changed cause of the claim.

2. Applicable provisions;

(a) Defendant D, limited liability company E, F, and I: Article 208(3)2 and Article 150(3) of the Civil Procedure Act (a) (a judgment made by the deeming party);

B. Defendant G, H, and J: Article 208(3)3 of the Civil Procedure Act (amended by public notice)

3. Part of the dismissal portion - With respect to KRW 100,00,000, each of which is the amount of claims pursuant to each of the respective successions to obligations and performance contract, and KRW 50,000,000 among them, the claim for damages for delay calculated at each of the rates of 50,000,000 from March 31, 2018, and the remainder of KRW 50,000,000 from May 31, 2018 to the delivery date of a copy of each of the instant complaint from May 31, 2018, and 15% per annum from the next day to the date of full payment.

On the other hand, on October 11, 2018, the Plaintiffs changed the starting point of counting the claim amount and overdue interest by applying for change of the purport and cause of the claim.

Therefore, the defendants jointly and severally accept each of the plaintiffs 150,000,000 won and 50,000,000 won among them from April 1, 2018, 50,000,000 won from June 1, 2018, 50,000 won from October 1, 2018, and 50,000 won from October 1, 2018 to December 1, 2018, the final delivery date of the copy of each of the claims and the application form for modification of the claims in this case, 5% per annum under the Civil Act until December 1, 2018, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, and the remainder of damages for delay shall not be accepted.

(However, with respect to the burden of litigation costs, Article 98 and the proviso of Article 101 of the Civil Procedure Act shall apply to the defendants bear the whole burden).

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