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(영문) 서울중앙지방법원 2017.05.24 2017가단5493

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 36,206,830 as well as 15% per annum from February 8, 2017 to the day of complete payment.

Reasons

1. The allegations and judgment of the parties

(a) as shown in the reasons for the claim attached to the indication of the claim;

(However, the "creditor" is deemed to be the "defendant" for the plaintiff and the "debtor". 【The grounds for recognition】 Each entry and the purport of the whole pleadings in the evidence Nos. 1 to 6

B. On this issue, the defendant asserts that the defendant cannot respond to the plaintiff's claim since he affixed a seal to the letter of undertaking of this case (refer to the attached Form A No. 1) to the meaning that the amount receivable in this case is liable as a joint and several surety, not to pay the amount in installments.

However, as long as the authenticity of a disposal document is recognized, the court should recognize the existence and content of the declaration of intent as stated therein, unless there is any clear and acceptable reflective evidence that denies the contents of the statement (see, e.g., Supreme Court Decision 2006Da67602, 67619, Jul. 9, 2009). The defendant's assertion does not have any reflective evidence supporting the assertion contrary to the contents of the instant declaration, which is a disposal document, and thus, cannot be accepted.

2. According to the conclusion, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1.