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(영문) 대구지방법원 2018.05.15 2017가단20064
약정금
Text

Defendants are jointly and severally liable to the Plaintiff for KRW 68,00,000 and 5% per annum from September 20, 2008 to January 10, 2018.

Reasons

1. In full view of the purport of the evidence No. 1, the plaintiff is the creditor, and the defendant Eul is the debtor, and the defendant C is the joint guarantor, and on September 3, 2008, a notary public drafted a deed of debt repayment contract as a notary public No. 912 on September 3, 2008. The content is as follows.

- Debt Amount: 5% per annum, 20 days per month, and 5,000,000 won per month from September 2008 to September 2009, respectively, and 3,000,000 won for the remainder of October 20, 2009.

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff 68,000,000 won and 5% per annum from September 20, 2008 to January 10, 2018, which is the delivery date of a copy of the instant complaint, and 15% per annum from the next day to the day of full payment under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

B. The Defendants alleged that the claim of this case was invalid by false indication. However, there is no evidence to acknowledge this, and the Defendants’ assertion is without merit.

The Defendants also asserted that the Plaintiff was to waive the instant claim while settling accounts between the Plaintiff and the Plaintiff, but there is no evidence to acknowledge this, and therefore, the Defendants’ assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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