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(영문) 부산지방법원서부지원 2020.11.19 2020가단3572
약정금
Text

The Defendants jointly and severally against the Plaintiff A, KRW 16,751,00, and KRW 8,200,000 for the Plaintiff B, and Defendant D on July 20, 202.

Reasons

Plaintiff

A around August 1, 2018, the Defendants transferred G company located in Gangseo-gu Busan Metropolitan Government F to the Defendants. On November 9, 2018, upon acquiring the above factory, the Defendants prepared a cash storage certificate with the purport of paying KRW 16,751,00 to the Plaintiff on November 9, 2018. On June 13, 2019, the Defendants prepared a letter of default with the purport of paying KRW 13,400,000 for the equipment cost to the Plaintiff who supplied and supplied the cooling house to the said factory. Defendant E prepared a loan certificate with the content of paying KRW 26,402,200 for the equipment cost to the Plaintiff on September 1, 2018 or with the content of paying KRW 16,402,20 for the equipment cost to the said factory, or can be recognized by comprehensively taking into account the overall purport of the arguments as stated in subparagraphs 1 through 6.

According to the above facts, the defendants agreed to pay the acquisition price of a factory and the equipment cost to the plaintiff Gap and Eul, and the defendant Eul agreed to pay the construction cost to the plaintiff Eul. Thus, according to the agreement, the defendants jointly pay the plaintiff Eul the acquisition price of the factory, the equipment cost of 16,751,000 won for the plaintiff Eul, the equipment cost of 8,200,000 won for the plaintiff Eul, and the defendant Eul shall pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 1, 2020 to May 30, 2020 to the plaintiff Eul.

It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiffs' claims are reasonable.

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