beta
(영문) 인천지방법원 2015.05.29 2014나18742

각서금

Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On December 17, 2010, the Plaintiff and D entered into a partnership agreement that jointly manages and distributes profits according to their shares. On January 2012, the Plaintiff filed a criminal complaint against D on charges of embezzlement, etc., and as a result, D was prosecuted for embezzlement, etc., and on June 21, 2013, the Plaintiff was detained for six months of imprisonment with prison labor (Seoul District Court Decision 2012Da4913, Daejeon District Court Decision 2012Da4913, Apr. 4, 2012).

B. D appealed with the Daejeon District Court 2013No1589 against the above conviction, and the Defendants, the sentence of D, upon having requested the Plaintiff’s prior action so that D could be released in the said criminal case by finding the Plaintiff, and upon having requested the Plaintiff to pay all the Defendants, who were the Defendants, who were the Defendants who suffered damage caused by D, would be punished.

C. Accordingly, on July 23, 2013, the Plaintiff prepared a criminal agreement on D with the Defendants, and on the same day, the Defendants drafted a payment note stating that “I will pay I shall pay I, by December 30, 2013, the amount of KRW 5,103,500 (the amount of KRW 29,500) borrowed from A (Plaintiff) on January 25, 201, to the Plaintiff by December 30, 2013” (hereinafter “each letter of this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of claim and the Defendants’ assertion

A. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the above KRW 5,103,500 and the damages for delay in accordance with the contents of each of the instant claims, unless there are other special circumstances.

B. First of all, the Defendants’ assertion against the Defendants is required as follows: (a) the Plaintiff demanded that the Defendants deliver a written agreement to the Defendants so that D could be released; and (b) the Defendant was detained in a criminal case.