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(영문) 서울북부지방법원 2020.07.24 2019가단151863

각서금

Text

1. The Defendant shall pay to the Plaintiff KRW 47,00,000 and the interest rate of KRW 12% per annum from October 24, 2019 to the day of full payment.

Reasons

. Facts of recognition.

A. The Defendant’s husband C, who was the Defendant’s husband, was detained on the charge of deceiving the Plaintiff and deceiving the money, and was released by a judgment of suspension of execution.

B. On August 23, 2017, when the above criminal trial against C was pending, the Defendant prepared and sent to the Plaintiff, respectively, a letter (hereinafter “instant letter”). The main contents are as follows.

Each subparagraph (B) shall help and promise C to be able to settle the debt to be repaid to A in an early manner, and to be able to be able to perform legal problems or responsibilities in the repayment portion.

* I confirm that the amount of debt is ten million won.

C. The Plaintiff prepared the instant written complaint from the Defendant and submitted the written withdrawal of the complaint to C to the court of the said criminal trial.

At the time, the plaintiff was not paid debt by C or the defendant at all.

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

2. Determination

A. In full view of the circumstances revealed by the above facts of recognition as to the cause of the claim, namely, the background leading up to the preparation of the letter of this case, the relationship between the defendant and C, and the contents of the letter, “I will promise to be subject to legal problems or responsibilities in the part of the repayment of the obligation.” The phrase “I will confirm the amount of obligation” means that the defendant would repay C’s obligation KRW 47 million according to the letter of this case, and if the defendant did not intend to assume legal responsibilities through the letter of this case, there is no reason to withdraw a criminal complaint against C under the condition that the plaintiff was not paid at all, it is reasonable to view that the defendant agreed to pay the Plaintiff as the victim in the above criminal trial to pay the above KRW 47 million in accordance with the letter of this case.

Therefore, the defendant is liable to the plaintiff for a contract amounting to 47 million won under the letter of this case and the following day after the delivery date of the payment order of this case.