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(영문) 서울동부지방법원 2016.12.23 2016나4206

약정금 반환

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

1. On September 25, 2013, the Defendant prepared a payment certificate stating that “the Defendant would pay KRW 2 million to the Plaintiff by December 5, 2013” (hereinafter “instant payment certificate”) and issued it to the Plaintiff.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. According to the fact that the defendant's liability is recognized, the defendant is obligated to pay 2 million won and damages for delay to the plaintiff according to the agreement entered in the letter of payment in this case.

B. Determination 1 on the Defendant’s assertion 1) The Defendant’s assertion was carried out a compulsory execution against corporeal movables used by the Defendant’s family members with the Defendant’s claim against the Defendant’s wife C. Accordingly, the Defendant drafted the instant payment confirmation to the Plaintiff and promised to pay KRW 2 million to the Plaintiff within two months, and the Plaintiff promised to “the Plaintiff would not proceed with the compulsory execution if the Defendant pays the said KRW 2 million to the Plaintiff.” However, the Defendant failed to pay KRW 2 million due to the lack of money. The Plaintiff was undergoing compulsory execution procedures, and on January 8, 2014, the Defendant was paid KRW 268,00,000 from the Suwon District Court Sungnam Branch Branch 3303,00 won from the date of the auction for corporeal movables. Accordingly, the Defendant’s obligation under the instant payment confirmation was terminated on the date of the instant payment confirmation, and there was no evidence to acknowledge that the agreement was rescinded or revoked as a condition to withdraw the compulsory execution procedure in the instant case’s compulsory execution procedure.

The defendant's argument is without merit.

C. The defendant, as the plaintiff seeks, a copy of the complaint in this case as the plaintiff's claim is the amount of two million won agreed upon and after the maturity of the contract.