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(영문) 수원지방법원안양지원 2016.11.30 2016가단3810

약정금

Text

1. The defendant shall pay 87,160,000 won to the plaintiff and 10% per annum from April 19, 2009 to the day of complete payment.

Reasons

1. Determination

A. (1) According to the overall purport of Gap evidence Nos. 1, 2, and Eul evidence Nos. 6-10 and Eul evidence Nos. 6-10, the plaintiff sent e-mail to the defendant on April 17, 2009, accompanied by the "plan for repayment of loans and a statement of performance" (hereinafter "the statement of performance of this case"). The letter of performance of this case is acknowledged as follows: "The defendant sent e-mail to the plaintiff; ① the defendant's balance of the business operated by the plaintiff and the defendant together with the defendant (from March 1, 2005 to November 11, 2008) and ② the principal and interest of the defendant 73,160,000 (the principal and interest of the loan interest rate of KRW 52,00,000,000, and the loan period of KRW 14,000,000 per annum, and the principal and interest of KRW 20,000 per annum, 2316,716% per annum.

(2) According to the above facts, the defendant is obligated to pay to the plaintiff the agreed amount of KRW 87,160,000 as stipulated in the letter of performance in this case and interest or delay damages thereon.

B. (1) The defendant's defense, etc. (1) requested that the plaintiff borrow money from her mother or her mother or her mother to borrow money as a loan for marriage and housing, and the defendant's seal impression is affixed to different facts. The agreement on the statement of performance of this case is invalid as it constitutes a false conspiracy. However, the evidence submitted by the defendant alone is insufficient to recognize that the agreement on the statement of performance of this case constitutes a false conspiracy, and there is no other evidence to acknowledge it.

Therefore, the defendant's defense is without merit.

(2) The Defendant is limited to KRW 10 million out of the personal rent on the instant performance sheet, and only to the amount invested by the Plaintiff in D Co., Ltd. (hereinafter “Nonindicted Company”) operated by the Defendant around August 2001.