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(영문) 전주지방법원정읍지원 2020.07.14 2019가단2832

약정금

Text

The defendant's KRW 168,979,540 for the plaintiff and its 5% per annum from April 26, 2019 to October 14, 2019, and the following.

Reasons

The Plaintiff and C agreed to lend KRW 500,000,000 to March 20, 2018, as set forth in the following subparagraphs, as the Plaintiff and C have lent to C a total of KRW 500,000 from January 17, 2018 to March 20, 2018. On February 6, 2018, an authentic deed was drawn up. Accordingly, the Plaintiff agreed to provide that interest on the loan shall be 5% per annum, the maturity date shall be 6 February 2019, and the delay interest rate shall be 20% per annum.

(A) No. 1, hereinafter the above loan is “instant loan” or “the instant loan,” and the above notarial deed is “the instant notarial deed”). (B)

C repaid to the Plaintiff totaling KRW 400,000,000 from June 7, 2018 to April 25, 2019 as follows.

In addition to the following, the defendant asserts that C has repaid the amount of KRW 30,000,000 on May 17, 2019, but there is no evidence to acknowledge it.

On June 7, 2018, 200, 30,000, 200 on August 8, 2018, 200,000,000 on September 17, 2018, 20,000,000 on September 21, 2018, 200,000 on September 21, 2018, 200,000,000 on April 50, 200,000 on April 25, 2019, the Defendant written the Defendant’s promise to pay the Plaintiff KRW 400,00,000 to the Plaintiff by January 13, 2018.

(A) No. 2-1) The defendant asserts that, with the preparation of the above commitment, if the defendant pays the money stated in the commitment, all of the claims for the loan of this case against the plaintiff C are extinguished. However, as alleged by the defendant, the legal act which generates the effect of full or partial exemption of the obligation has a significant interest in the creditor, as it is alleged by the defendant, there must be an obvious declaration of intention, and it cannot be said that there is such an obvious declaration of intention as to the above commitment, the defendant'

In full view of the language and text of the above commitment, the preparation process, and the purport of the entire argument, if the defendant within the limit of KRW 200,000,000 under the above commitment, the whole balance of the loan obligation of this case shall be paid.