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(영문) 서울중앙지방법원 2015.01.16 2014가합41303
약정금
Text

1. The defendant shall pay to the plaintiff KRW 794,00,000 and the amount of KRW 770,000 among them to the day of complete payment from July 19, 2014.

Reasons

1. Determination

A. Comprehensively taking account of the purport of Gap evidence No. 1 and all pleadings as to the cause of the claim, the defendant agreed to pay the plaintiff KRW 300 million from April 11, 2014 to July 201, 2014, and KRW 470 million until October 2014, but the defendant shall be paid KRW 12.8 million as to the above KRW 300 million from February 2013 to September 2013 (= KRW 1.6 million x 8 months). According to the above facts, it is reasonable to view that the defendant agreed to pay interest of KRW 1.6 billion to the plaintiff during the period from February 2013 to July 2014 x 2.7 billion interest rate of KRW 1.7 billion interest rate of KRW 79 billion until the end of each month (= KRW 7.7 billion interest rate of KRW 2.7 billion to 2.7 billion).

B. The defendant's assertion is justified, since the defendant prepared only the agreement without the intention to pay the above amount under the agreement with the plaintiff, there is no obligation to pay the above agreed amount, but there is no evidence to support the defendant's argument.

2. If so, the plaintiff's claim of this case is accepted for all reasons, and it is so decided as per Disposition.

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