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(영문) 대전지방법원 2019.08.21 2018가단220731

약정금

Text

1. The Defendant: (a) KRW 165,00,000 for the Plaintiff and KRW 15% per annum from October 9, 2018 to May 31, 2019; and (b).

Reasons

1. Basic facts

A. The Plaintiff and C, a Chinese national, was aware of in China since 2011, and the Plaintiff lent or invested money to C with a lottery business fund, etc. around April 2012.

The defendant, as Korean, introduced C through a marriage information company operated by the plaintiff in China, was married with C around March 2012, and entered Korea and China along with C.

B. Around May 2014, C prepared and issued a certificate of borrowing (No. 2030,000 won) stating that “A promised to repay the said proposal by May 4, 2014 and by May 15, 2014,” to the Plaintiff.

C. C returned to Korea on May 16, 2014, immediately after the issuance of the instant loan certificate. D.

around 2016, D(China's nationality) etc. invested in a rehabilitation bank project filed a complaint against C in Korea as a fraud, and C was detained on January 12, 2017.

E. On January 18, 2017, immediately after the detention of C, the Defendant, “I swear to pay the Plaintiff a total of KRW 165 million per month,” respectively, and “I do not pay the Plaintiff a total of KRW 1,000,000 per month,” and “each of the instant notes.”

(B) prepared and delivered the statement. [Ground for recognition: Facts without dispute, Gap evidence No. 1, Eul evidence No. 2-1, 2, Eul evidence No. 7-11, the purport of the whole pleadings.]

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff KRW 165 million and the statutory damages for delay pursuant to the letter of this case.

B. The Defendant’s assertion 1 as to the Defendant’s assertion is urgent and the Plaintiff’s verbal difference is not sufficient to communicate, and each of the instant reports was prepared by the Plaintiff’s coercion. The claim and the obligation between the Plaintiff and C was extinguished by repayment prior to the formation of each of the instant reports, and C is identical to the loan and each of the instant notes.