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Reasons
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(영문) 대구지방법원 2018.10.11 2018가단2896
약정금
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1. The Defendants jointly and severally agreed with the Plaintiff KRW 35,00,000 and Defendant C from January 1, 2018 to February 20, 2018.

Reasons

1. Facts of recognition;

A. On June 9, 2016, the Plaintiff filed a complaint against Defendant B for fraud, and on July 25, 2016, agreed with the Defendant B at the presence of D Attorney-at-law. The main contents are as follows:

(hereinafter “instant agreement”). Agreements

1. B (Defendant B; hereinafter the same shall apply) shall be paid KRW 20,000,000 to Party A (hereinafter the same shall apply) from August 1, 2016 to December 31, 2017;

2. The money under paragraph (1) shall be paid KRW 500,000 as of the last day of each month from August 1, 2016 to December 31, 2016, KRW 1,500,000 as of the last day of each month from January 1, 2017 to November 30, 2017, and KRW 1,00,000 as of December 31, 207.

11. If Eul fails to complete repayment by the repayment period under paragraph (1), the amount to be paid by Eul thereafter is the amount calculated by deducting the amount to be paid by Eul to Eul (from August 1, 2016 to December 31, 2017) from the amount to be paid by Eul during the period of repayment, and the amount calculated by adding the said amount to the total amount to be paid by January 31, 2018 and 24% of the interest for delay.

12. Eul's joint and several sureties to secure the implementation under paragraph (11) shall be provided.

B. On July 25, 2016, the Plaintiff and Defendant B, the agent of Defendant C, concluded a joint and several surety agreement with the following content.

1. The purpose of this Agreement is to provide for the performance of obligations under paragraph (11) of the Agreement concluded on July 25, 2016 by Party A (hereinafter the same shall apply) and Party B (Defendant C; hereinafter the same shall apply) as joint and several sureties.

2.In accordance with the agreement referred to in paragraph 1, the claims A has with the principal obligor B are as follows:

The types of bonds: Amount remaining after the principal debtor repays to Gap from August 1, 2016 to December 31, 2017: The total amount of the above credit and interest on the total amount of interest repaid until January 31, 2018: 24% interest per annum: 24% per annum.

C. The Defendants paid the Plaintiff KRW 1,00,000, totaling KRW 500,000 on September 7, 2016, and KRW 500,000 on October 7, 2016.

[Ground of recognition] There is no dispute.

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