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(영문) 전주지방법원 2016.11.29 2015가단36893

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. On June 15, 2015, the Defendant agreed to pay KRW 160,00,000 to the Plaintiff’s debt to the Plaintiff, the Defendant’s children, out of the Defendant’s debt to the Plaintiff.

B. Therefore, the defendant is obligated to pay to the plaintiff 160 million won and the amount stated in the purport of the claim in accordance with the above agreement.

2. According to each of the statements in Gap evidence Nos. 1, 2, and 3-1, C received an amount equivalent to the sum of KRW 285,417,00 from July 201 to October 1, 2015 from the plaintiff as the borrowed money, and Eul, June 15, 2015, may prepare a letter (Evidence No. 3-2) under the defendant's name that "B (the defendant of this case) promises to dispose of the land causing damage to Eul, and receive the defendant's unmanned seal from each of the above statements. However, if Eul's testimony is added to the statement No. 3-2 of evidence No. 3-2, and the whole purport of oral argument as to witness Eul's testimony, it shall be completed after June 15, 2015.

7.3. 3. Each letter (Evidence A-2) stating that “I will promise to pay KRW 160,000,000 immediately after selling and buying the land,” and signed and sealed by the Defendant, but this was written by C without the Defendant’s consent, and C was prosecuted on the ground that C forged a letter under the name of the Defendant;

6. In case of 15. Written statements, each of them shall be subject to a disposition not suspected of suspicion.

7.3.The facts charged with each of the above statements, the facts that the investigative agency recognized the charge, even in the case of the former, reversed it;

6. At the time of the preparation of the letter of 15th century, the defendant was hospitalized in the hospital as the aged 70 years old, and was not able to read the document, and C recognizes the fact that at the time of the preparation of the above letter of 15, the defendant did not explain to the defendant about the debtor or the amount of debt and that the defendant told C to consult with other children, as well as C, respectively.