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(영문) 대전지방법원천안지원 2020.12.10 2020가단114029

합의금

Text

1. The Defendant’s KRW 34,00,000 as well as 5% per annum from June 3, 2019 to January 23, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 5, 2010, the Plaintiff issued a total of KRW 29,900,000,000, by not later than April 5, 2012, following the Defendant’s false statement that he/she would make an investment in C development at Won-si, by remitting KRW 3,00,000 to the account designated by the Defendant.

B. Around December 2016, the Plaintiff appointed an attorney-at-law and filed a criminal complaint against the Defendant. The Defendant was indicted for fraud by Seoul Central District Court 2017Kadan6836.

(B) the 2018 High Court Order 7791 is merged with the Electronic Financial Transactions Act.

Around October 3, 2018, the Defendant prepared a petition with the purport that the amount of damage caused by the Plaintiff’s fraud plus KRW 12,000,000 (year 5%, approximately 8 years), attorney’s fees, and KRW 5,00,000, and submitted a petition to the Plaintiff within three months, and submitted it to the full bench as sentencing data for the effort to agree.

On April 3, 2019, the Defendant: (a) prepared an application for extension of trial (Pronouncement) stating that “the Defendant repaid KRW 13,000,000,000 among the agreed money as referred to in the foregoing paragraph (c) to the Plaintiff on March 29, 2019; (b) the remainder of KRW 34,00,000,000, which the Defendant kept, will be sold within two months at latest and repaid without the mold; and (c) submitted the Plaintiff’s signature to the full bench; and (d) delivered a copy to the Plaintiff.

E. On June 14, 2019, the Defendant was convicted of the charge of fraud, etc. against the Plaintiff.

[Ground of recognition] A without dispute, Gap evidence Nos. 1-11, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant agreed to pay 34,00,000 won, including the damages remaining after partial repayment to the plaintiff on or around April 3, 2019, by June 2, 2019, which is later than two months after the two-month period. Thus, the contract amount is agreed to the plaintiff to pay 34,000,000 won with the agreed amount, and the payment order of this case from June 3, 2019, which is the day following the agreed payment date. < Amended by Act No. 1614, Jan. 23, 2020>