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(영문) 서울북부지방법원 2020.08.18 2019가단150211

각서금

Text

1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 12% per annum from October 23, 2019 to the date of full payment.

Reasons

1. Basic facts

A. In around 2017, the Plaintiff filed a criminal complaint against C on the grounds that the Defendant’s husband obtained 35,000,000 won from C, which is the Defendant’s husband.

B. When the Defendant was detained by C as the above accusation, around August 23, 2017, the Defendant prepared and sent each of the following descriptions (hereinafter “each of the instant statements”) to the Plaintiff, and the Plaintiff voluntarily withdrawn the said criminal complaint.

I would like to assist C to settle the debt that C has to pay to the Plaintiff as soon as possible, and promise C to impose legal problems or responsibilities with respect to the portion of debt repayment.

★ 채무 금액은 삼천오백만원을 확인하고, 변제한 금액은 빼기로

(w) [Grounds for recognition] unsatisfy, Gap evidence 1, the purport of the whole pleadings.

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff KRW 35,000,000 and damages for delay in accordance with the contents of the letter of claim in this case, unless there are special circumstances.

(1) The defendant's assertion that the defendant would help the plaintiff pay the amount as soon as possible, and that the above statement contains no content that the defendant would repay it, but the above statement contains legal issues or responsibilities concerning the repayment of the debt, and the defendant's argument as to the above statement is rejected).

The defendant's defense, etc. was bound by C, who is the husband, and written the written form of this case under the condition of old-age or bad experience. Thus, each of the above forms is invalid pursuant to Article 104 of the Civil Code, but there is no evidence to acknowledge it.

C. According to the theory of lawsuit, the defendant shall pay to the plaintiff the amount of KRW 35 million and the amount of KRW 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 23, 2009 to the date of full payment, following the delivery of a copy of the complaint of this case to the defendant.