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(영문) 대전지방법원 천안지원 2021.01.14 2020가합103170

약정금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 700,000,000 as well as to the day of full payment from April 28, 2020 to the day of full payment.

Reasons

1. Basic facts

A. Upon requesting the Defendants to make virtual currency investments, the Plaintiff remitted KRW 100 million on March 22, 2019 and KRW 200 million on May 31, 2019 to Defendant C, respectively.

B. Around March 27, 2019, Defendant B written a statement to the effect that “where the Plaintiff suffers a loss from investing KRW 100 million in virtual currency, Defendant B shall guarantee the principal.” Around May 31, 2019, Defendant B drafted a statement to the effect that “where the Plaintiff suffers a loss from investing KRW 200 million in virtual currency, Defendant B shall guarantee the principal.”

The amount: The payment date of KRW 700 million: On April 27, 2020, when the Plaintiff made an investment of KRW 100 million on March 27, 2019, the Plaintiff shall be paid KRW 300 million on May 27, 2019. On May 31, 2019, when the Plaintiff made an investment of KRW 200 million on May 31, 2019, the Plaintiff shall be paid KRW 400 million on June 31, 2019, but it is not paid up to the present, thereby complying with the following provisions:

shall attach a copy of an identification card or a certificate of seal imprint.

The above amount shall be paid by the payment date.

Where one payment date is not made, 25% of the interest rate in arrears shall be paid additionally to the unpaid amount from the following day to the date of full payment.

4. A copy of an identification card or a certificate of seal imprint shall be attached.

(c)

On March 27, 2020, Defendant B prepared and delivered each of the following payments (hereinafter “each of the instant payments”) to the Plaintiff. Defendant C entered his name, resident registration number, and address at the bottom of the joint and several guarantors of the foregoing payments and affixed a seal impression. Defendant B affixed a copy of his identification card to the Plaintiff, and Defendant C affixed a seal impression certificate to the Plaintiff.

[Reasons for Recognition] Defendant B: deemed confession (Article 150(3) of the Civil Procedure Act); Defendant C: The absence of dispute; evidence set forth in subparagraphs 1 through 6; evidence set forth in subparagraph 1 (including branch numbers); and the purport of the whole pleadings

2. According to the above facts based on the judgment, Defendant B agreed in the letter of payment of this case, barring any special circumstance.