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(영문) 대전지방법원공주지원 2019.05.16 2018가단22823

약정금

Text

1. 15,00,000 won to the counterclaim and the interest rate of 15% per annum from January 4, 2019 to the date of full payment.

Reasons

1. According to the facts that there is no dispute between the parties to the judgment on the cause of a counterclaim and the written evidence Nos. 2, B, and 1, 2, and 3 (including a serial number; hereinafter the same shall apply) and the purport of the whole pleadings, each of the following documents and arguments are acknowledged: (a) the facts that the counterclaim and the counterclaim Defendant were in a de facto marital relationship; and (b) the counterclaim Defendant: (c) on July 18, 2018, written statement to the counterclaim that “at the time of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the living of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the 20 million won

According to the above facts of recognition, it is reasonable to view that the counterclaim Defendant agreed to pay to the counterclaim the amount of KRW 20 million when the father C dies. Thus, barring any special circumstance, the counterclaim Defendant is obliged to pay the said agreed amount of KRW 20 million to the counterclaim and damages for delay.

2. The counterclaim defendant prepared the above written statement, and asserted that he repaid 10,200,000 won out of the above agreed amount to the counterclaim.

According to the statement in Gap evidence No. 4, it is acknowledged that the plaintiff sent a text message to the counterclaim defendant on July 19, 2018 to the effect that "I would like to see that I would have talked about it, and I would like to know about the father of the (b) association account number, and you would know about it to the maximum extent possible (hereinafter omitted)," and that the Dong E of the counterclaim defendant sent five million won to the counterclaim plaintiff on the same day.

The following circumstances recognized by the purport of the above fact-finding and the entire argument, namely, the Counterclaim, sent the above text message from the Counterclaim Defendant on the day following the day on which the written statement was prepared by the Counterclaim Defendant, and the Counterclaim Defendant appears to have paid the above amount in light of the form of punishment. The Counterclaim Defendant promised to pay the 10 million won in addition to the above contract amount on July 18, 2018, and the above Counterclaim Defendant paid the above KRW 5 million in accordance with the above promise. However, the above letter is argued to have been paid.