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(영문) 청주지방법원 2016.10.13 2016가합20814
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 500,000,000 and KRW 150,000 among them, from December 1, 2015 to December 1, 15, and 150.

Reasons

1. Determination as to the cause of claim

A. On September 24, 2015, the Defendants: (a) settled the total amount of money borrowed from the Plaintiff and the agreed interest thereon together with the agreed interest thereon at KRW 500,000; and (b) agreed to pay the amount in installments on three occasions (hereinafter “instant agreement”); and (c) drafted an agreement with the Plaintiff on the following terms and conditions.

A creditor of a loan payment agreement: A creditor of a loan payment agreement for the plaintiff debtor: the defendant C loan amount: the defendant C loan amount: O billion won ( e.g. 500,000,000) ( principal agreed upon) and the debtor and the joint guarantor shall pay a part of the loan amount by November 30, 2015 ( e.g. e. 150,000,000,000) from among the loan of the creditor, and the debtor and the joint guarantor shall pay e.g., KRW 50,000 ( principal agreed upon).

In the future, by January 30, 2016, some amount of KRW 150,000 (including KRW 150,000) shall be paid.

In addition, the remaining balance should be paid at the end of April 30, 2016, in consultation with the creditor, KRW 200,000,000.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

B. According to the above facts of determination, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 500,000,000 and KRW 150,000 among them, 150,000,000 under the instant agreement, for KRW 150,000 from January 1, 2016, 200 from January 31, 2016, 200, and for KRW 200,000 from May 1, 2016 to the existence and scope of each Defendants’ obligations. The Defendants are jointly and severally liable to pay damages for delay at each rate of KRW 15% per annum as prescribed by the Civil Act until October 13, 2016, which is the date the said judgment is rendered, from October 13, 2016, to the date of full payment.

The Plaintiff sought payment of damages for delay at a rate of 5% per annum for the period from December 1, 2015 to the service date of a copy of the complaint in this case, which shall be paid in full according to the agreement in this case, from 50,000,000, as seen earlier.

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