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(영문) 서울동부지방법원 2019.02.14 2018가단105942

약정금

Text

1. The Defendant’s KRW 175,00,000 as well as 5% per annum from March 24, 2018 to February 14, 2019 to the Plaintiff, and the following.

Reasons

1. Basic facts

A. On June 2009, the Plaintiff was solicited by the Defendant to cultivate brines, and paid the Defendant KRW 30 million in the name of the salt farm rent in the amount of KRW 39,470,00 in the aggregate, such as paying KRW 39,470,00 in the name of the brine cultivation expenses.

B. However, on September 20, 2012, the Defendant prepared a letter (Evidence A 1) stating that “The Plaintiff did not return special profits to the Plaintiff with respect to the said field cultivation, and the Defendant paid KRW 175,000,000 to the Plaintiff by November 10, 2013, and if the promise is not fulfilled, it shall accept any legal measure if the promise is not fulfilled.”

C. After that, on July 24, 2013, the Defendant sent to the Plaintiff a letter (Evidence A 2) stating that “A would pay KRW 175,000,000 to the end of October 2013.” While the above date was expired, the Defendant was unable to pay the said money in installments until November 25, 2016.

“The letter of payment (Evidence A No. 3) was drawn up and issued.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 175,00,000 and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from March 24, 2018 to February 14, 2019, the delivery date of a copy of the complaint of this case, as sought by the Plaintiff, and from March 24, 2018 to the day of full payment from the next day to the day of full payment.

As to this, the Defendant asserts that the declaration of intention under the above letter of commitment and the letter of commitment is cancelled because it is by the Plaintiff’s coercion. However, in light of the fact that the letter (Evidence A2) that the Defendant voluntarily prepared and sent to the Plaintiff, “the Defendant would pay KRW 175,00,000 to the Plaintiff by the end of October, 2013,” the Defendant promises to pay the Plaintiff.