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(영문) 대구지방법원 2017.10.11 2016가단39573

약정금

Text

1. The Defendant’s KRW 3,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 22, 2015 to October 11, 2017.

Reasons

1. Facts of recognition;

A. On September 201, 201, the Plaintiff filed a complaint with C on the ground that C used a total of KRW 28 million loan in the name of the Plaintiff using an identification card that the Plaintiff left to the Plaintiff without the Plaintiff’s permission.

B. Upon arrest of C, on December 22, 2015, the Defendant, who is the land owner of C, provided the Plaintiff a group of KRW 2 million out of C’s obligations to the Plaintiff and provided the following loan certificates.

Accordingly, the plaintiff revoked the complaint against C.

The following certificate B promises to provide A each service between 500,000 won and one million won per month.

December 21, 2015 B

C. Of the above loan certificates, the Plaintiff written the title and content of “the borrowed loan certificate” with “the gold KRW 26,000,000” as “the loan certificate No. 2” and submitted it as “A. 2.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserts that, based on the evidence No. 2, the Defendant agreed to repay the Plaintiff KRW 26 million to the Plaintiff as the Defendant’s obligation on behalf of the Plaintiff.

Accordingly, the defendant asserts that since the defendant agreed to pay 5 million won to the plaintiff and paid 2 million won among them, it should be paid 3 million won.

B. As above, since the amount stated in Gap evidence No. 2 was voluntarily stated by the plaintiff, it is not sufficient to recognize the plaintiff's assertion, and there is no other evidence to acknowledge it otherwise.

However, the defendant is obligated to pay 3 million won to the plaintiff, so the defendant is obligated to pay 3 million won and delay damages to the plaintiff.

3. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.