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Reasons
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(영문) 대전지방법원 천안지원 2017.02.17 2016가합100624
약정금
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1. The Defendants are jointly and severally liable to Plaintiff A for KRW 286,540,00 out of KRW 307,477,369 and the said money.

Reasons

1. Indication of claim;

A. The relationship between the parties and the conclusion of the installment payment agreement 1) The Plaintiffs are Defendant Incorporated Incorporated Company D Co., Ltd. (hereinafter “Defendant Company”).

(2) The Defendant Company supplied spaws to the Defendant Company. The Defendant Company is the representative director of the Defendant Company. (2) The Plaintiffs supplied spaws to the Defendant Company from around 2011 to January 2014. However, the Defendant Company did not pay KRW 361,976,260 to the Plaintiff Company, and KRW 178,615,125 to the Plaintiff Company Company B, respectively.

On December 19, 2013, the Defendant Company agreed to pay the unpaid amount of KRW 361,976,260 and KRW 178,615,125 to the end of each month from April 30, 2014 to September 30, 2019, the Defendant Company agreed to pay the unpaid amount of KRW 10,000,000 at the end of each month (hereinafter referred to as the “instant installment payment agreement”), and the Defendant C jointly and severally guaranteed obligations under the instant installment payment agreement by the Defendant Company.

B. Plaintiff A’s claim against the Defendants pursuant to the instant installment payment agreement. The Defendant Company paid Plaintiff A KRW 320,000,000 for 32 months from April 30, 2014 to November 30, 2016, but the Defendant Company paid only KRW 33,460,000 out of the said amount. (2) The Plaintiff Company paid the said KRW 33,640,000 out of the said amount. (3) The Defendant Company paid the said KRW 33,640,00, which the Defendant Company performed in accordance with the instant installment payment agreement, shall pay the Defendant Company KRW 1,00,000,000, which shall be paid on April 30, 2014; and May 31, 2014; and (31,000,000,000,000,000,000 won shall be appropriated for reimbursement, respectively.

As above, the remainder of the principal and interest as of December 22, 2016 as of December 22, 2016 is KRW 307,477,369 as indicated in the separate sheet (i.e., principal amount of KRW 286,540,000, KRW 20,937,369) and thus, the Defendants seek payment of the said amount.

3. Therefore, the Defendants are jointly and severally liable to Plaintiff A for the principal and interest of the obligations under the instant division agreement.

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