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(영문) 서울고등법원 2015.10.30 2014나37653

이행각서금

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1. At the request of a change in the trial, the part against the defendant in the judgment of the court of first instance shall be changed as follows:

Reasons

1. The following facts are acknowledged in full view of each of the statements and the whole purport of arguments in Gap evidence 2 to 30, 32, 34, 36, 37, 51 to 53, Eul evidence 14 (including branch numbers; hereinafter the same shall apply), and Eul evidence 14.

[1] On November 24, 2005, the Plaintiff lent KRW 1,000,000 to the Defendant on December 29, 2005, but received KRW 1,200,000 from the Defendant on December 29, 2005 and received all of the principal and interest of the above loan. Since March 2007, the Plaintiff traded money several times with the Defendant.

On August 7, 2008, the Defendant agreed to pay to the Plaintiff KRW 100,000,000 including interest, after settling the borrowed money from the Plaintiff, and then issued promissory notes with face value of KRW 100,000,000 and due date of August 21, 2008, and written an authentic deed thereon.

(2) The Plaintiff did not pay the said amount to the Plaintiff by the date of the agreement, and the Plaintiff extended the due date on August 27, 2008 to September 10, 2008, and if the Plaintiff did not pay the said amount to the Defendant until the time of payment, the Plaintiff was paid interest.

At the time, the specific interest rate or the amount of interest was not determined, and the damages for delay was determined through additional agreements as follows.

On the other hand, on June 3, 2008, prior to the drawing up of the Promissory Notes, the Defendant drafted a letter of performance that “I will pay KRW 200,000,000 to the Plaintiff by June 10, 2008, and if I will not perform this, I will give notarial services” (hereinafter “statement of performance”).

[2] On October 8, 2008, the Plaintiff’s District Court Decision 2008Kadan6063 decided Oct. 8, 2008, as the claim claim amounting to KRW 100,000,000 as the Promissory Notes amounting to KRW 100,000,00, the real estate owned by the Defendant is called

On October 15, 2008, the Plaintiff determined KRW 4,500,00 to the Defendant on October 21, 2008 as due date for payment and KRW 3% per interest month.