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(영문) 서울중앙지방법원 2017.05.26 2015나57255

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

Basic Facts

On February 19, 2014, the defendant C was sentenced to imprisonment for fraud at the Seoul Central District Court for one year and six months (2013 Gohap623) and was detained in the court (2013 Gohap). The criminal facts of the defendant are that C, around July 3, 2010, by deceiving the plaintiff and deceiving 500 million won as the borrowed money.

A C C C A In order to prepare a written agreement, etc. to be submitted to the appellate court of the instant case on February 28, 2014, the Defendant: (a) paid either KRW 320 million to the Plaintiff or KRW 320 million (the KRW 100 million was deposited for the Plaintiff before the pronouncement of the said criminal judgment); and (b) prepared a written agreement, such as the right entry (A) and delivered it to the Plaintiff.

Accordingly, the Plaintiff prepared a written agreement on the above criminal case (A) and submitted it to the Defendant, the revocation of the complaint and the application for the non-compliance with the punishment (B), the revocation of the complaint (B 3-1), and the certificate of personal seal impression (B 3-2), and the Defendant submitted the said written agreement and other documents to the court of criminal appeal of C.

【Ground of Recognition” 【A-3 and B-1 through 3 (including paper numbers), the Plaintiff’s assertion of the purport of the entire pleadings by the Plaintiff is liable to pay KRW 100 million to the Plaintiff by March 31, 2015, as stated in the above agreement in the process of criminal agreement with the Plaintiff.

The 500 million won at the defendant's argument in the criminal case was found guilty against C even though D, not C, borrowed from the plaintiff.

The defendant paid in full the amount of KRW 420 million to the plaintiff who was remitted to Eul, and the defendant ordered the plaintiff to receive KRW 100 million from D with respect to the part of KRW 80 million used by D.

However, it is unreasonable for the plaintiff to make the claim of this case against the defendant without claiming it against D.

The instant agreement provides that C shall pay KRW 100 million to the Plaintiff by March 31, 2015, and the Defendant shall guarantee the obligation of C pursuant to the said agreement.

However, there is no signature or seal of C in the above agreement and at the time C is bound.