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(영문) 대전지방법원 2015.01.15 2014가합5375

대여금

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1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 20% per annum from December 3, 2014 to the date of full payment.

Reasons

1. Indication of claim;

A. On March 28, 2013, the Plaintiff and the Defendant named as C’s agent agreed to lend KRW 18 million to C, and on July 7, 2013, the Plaintiff agreed to pay KRW 140 million to C to the Plaintiff.

B. The Plaintiff deposited KRW 10 million on March 28, 2013, and KRW 8 million on March 29, 2013, respectively, in the passbook under the name of the Defendant, and the Defendant decided to deliver the said KRW 18 million to C.

C. C, by July 7, 2013, failed to pay KRW 140 million to the Defendant, the Defendant, on December 2, 2013, prepared a letter of commitment stating that “the Defendant would pay KRW 140 million to the Plaintiff by December 31, 2013,” and “the Defendant would pay KRW 140 million to the Plaintiff by December 31, 2013.”

On October 23, 2014, the Plaintiff received KRW 40 million from C, and withdraws the provisional seizure of the real estate owned by C ( Daejeon District Court 2014Kadan3628) from C, and thereafter C.

In relation to the agreement entered in the port, it agreed that it shall not be held liable for civil and criminal liability.

E. Therefore, the defendant is against the plaintiff.

Pursuant to the letter of commitment stated in paragraph (100 million won (i.e., 140 million won stated in the letter of commitment - KRW 40 million received from C) and the obligation to pay damages for delay at the rate of 20% per annum from the day following the date of service of the application for modification of claim and the cause of claim on December 1, 2014 to the day of full payment.

2. Judgment by means of a recent service by public notice (Article 208 (3) 3 of the Civil Procedure Act);