beta
(영문) 대전지방법원서산지원 2015.08.11 2015가단2821

계금 등

Text

1. The Defendant shall pay to the Plaintiff KRW 59,60,000 and the interest rate of KRW 20% per annum from April 14, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The plaintiff was a member of the number fraternity operated by Nonparty C, and the defendant is C's child.

B. On March 26, 2014, the Plaintiff received a payment note from C and the Defendant (hereinafter “instant payment note”), and the main contents are as follows.

1. Determination that C and the Defendant’s payment to the Plaintiff is KRW 59.6 million.

2. C pays 14.6 million won out of the above money to the Plaintiff by May 31, 2014.

3. The Defendant shall pay to the Plaintiff the interest calculated at the rate of KRW 45 million by September 10, 2014 and KRW 20 percent per annum from March 26, 2014 to the repayment date.

4. C fails to pay the above payment date KRW 14.6 million, the Defendant shall pay the said amount and the amount calculated by the rate of 20% per annum from June 26, 2014 to the date of full payment.

C. On November 10, 2014, C filed an application for individual rehabilitation with Daejeon District Court No. 2014 6319.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay KRW 59,60,00,000, which is the money agreed to be paid in the letter of payment of this case as requested by the Plaintiff, as well as damages for delay calculated at the rate of 20% per annum from April 14, 2015 to the day of full payment, which is the day following the day of delivery of the copy of the complaint of this case.

The defendant asserts that C has the amount partially repaid to the plaintiff, but there is no evidence to acknowledge it.

Therefore, the defendant's assertion is not accepted.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is justified.