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(영문) 제주지방법원 2020.01.22 2019나11937

약정금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On October 27, 2003, the Plaintiff leased KRW 20 million to C after the due date for payment of three months.

(hereinafter “instant loan”). (b)

On July 2, 2006, the Defendant drafted a written confirmation with the following content to the Plaintiff:

(hereinafter referred to as “instant confirmation”). The name of the Defendant himself, on October 27, 2003, promises that the principal shall pay only the interest-free principal by no later than June 30, 2009, when C has failed to pay by no later than June 30, 2009 with respect to KRW 20 million borrowed by C.

Since the head of Dtel E (F) is the actual owner of B, if he/she fails to pay money, he/she shall pay in kind.

on July 2, 2006: Defendant Hah.

C. On May 3, 2018, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff would pay KRW 20 million according to the instant confirmation and its delay damages.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 3, the purport of the whole pleadings

2. Determination

A. According to the facts found in the judgment on the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 5% per annum under the Civil Act from July 1, 2009 to June 8, 2018, which is the delivery date of the original copy of the instant payment order, according to the instant written confirmation, from July 1, 2009 to the date of full payment.

B. The Defendant’s assertion 1A) The instant confirmation document was prepared as a guarantee agreement for the instant loan obligation. The Defendant’s guarantee obligation also ceased to exist, as the extinctive prescription has expired on January 28, 2009 or January 28, 2014, which was five or ten years after the due date, from January 28, 2004, or ten years after the due date.

B. Even if the instant certificate is an independent obligation, the Defendant was the merchant, and the Defendant was the merchant, and five years passed from July 1, 2009, the maturity date for payment. < Amended by Presidential Decree No. 25210, Jul. 1, 2014>