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(영문) 춘천지방법원원주지원 2016.05.19 2015가단4275

각서금

Text

1. The Defendant shall pay to the Plaintiff KRW 128,060,000 and the interest rate of KRW 15% per annum from June 19, 2015 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. According to the statement in Gap evidence No. 1, the defendant, as of March 18, 2013, may be recognized as having prepared and issued a letter of payment stating that "40,000,000 won shall be paid to the plaintiff up to June 30, 2013, and KRW 100,000,000 shall be paid under an ex post facto consultation."

B. According to the above facts of recognition, the Defendant agreed to pay KRW 140,000,00 to the Plaintiff. Thus, barring any special circumstance, the Defendant, barring any special circumstance, agreed to pay KRW 11,940,000 to the Plaintiff out of KRW 140,000,000, the Defendant paid KRW 11,940,000 to the Plaintiff, who was paid to the Plaintiff out of the agreed amount of KRW 140,000,000, the Plaintiff and the Plaintiff on September 30, 2015, paid KRW 1,00,000 to the Plaintiff

② On September 30, 2015, the Plaintiff transferred KRW 300,000 from the “Correction of Claim and Briefs” to the Plaintiff’s account on March 24, 2012. On March 24, 2012, the Plaintiff paid KRW 60,700,000 to the Defendant by transferring KRW 59,70,000 to D’s account. On March 25, 2012, the Defendant transferred KRW 30,00,000 from E to the Plaintiff’s account. The Defendant transferred KRW 2,940,00 from D’s account to the Plaintiff’s account. From the Plaintiff’s account to the Plaintiff’s account, the Plaintiff claimed that KRW 30,00,000 was paid from F to the Plaintiff’s account, and the Defendant paid KRW 62,940,000 to the Plaintiff’s account, and the Defendant acknowledged the difference in this case as the Plaintiff paid KRW 29,400,00.

③ On September 30, 2015, the Plaintiff repaid KRW 8,000,00 from the “Correction of Claim and Briefs” as well as from the preparatory document as of December 31, 2015, around July 17, 2015.

of 128,060,000 won after deduction is liable to pay.

C. We examine the maturity of KRW 140,000,000.

According to Gap evidence No. 1, 40,000,000 out of the agreed amount can be recognized as having stated that the repayment will be made by June 30, 2013. Thus, it is clear that the maturity has expired.

In addition, for the agreed amount of KRW 100,000,000, the payment was made under the following consultation, and the statement of KRW 4,5 is written.