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(영문) 서울동부지방법원 2015.10.28 2015가단19064

각서금

Text

1. The Defendants: (a) each of the Plaintiff KRW 30,500,000; and (b) as to Defendant B from July 1, 2011, the Defendants were to each of the Plaintiff on February 1, 2015.

Reasons

1. Where the purport of the entire pleadings is added to the evidence No. 1-2 and evidence No. 1-2 of the judgment as to the cause of the claim No. 1-2, and evidence No. 2 of the judgment, the plaintiff loaned to the defendant B the amount of KRW 20,000,000 on July 26, 2006, and September 28, 2006, and the defendant B agreed to pay to the plaintiff KRW 36,000,000,000, which is the unpaid balance of the above borrowed amount, from January 31, 2010 to the end of 2,00,000,000 on the last day of each month, and the defendant C guaranteed to the plaintiff the above debt No. 2 of the defendant B (hereinafter the agreement of this case) on the same day after the agreement of this case, and the defendant C repaid to the plaintiff by 10,005,005.

According to the above facts, barring any special circumstance, the Defendants are obligated to pay to each Plaintiff the balance of KRW 30,500,000 (=36,000,000-5,500,000) out of the instant contract amount and damages for delay calculated at each rate of 20% per annum under the Civil Act from July 1, 201, the day following the date of the final payment under the instant agreement until the date of service of the instant payment order (as for Defendant B, February 26, 2015; as for Defendant C, June 19, 2015) (as for Defendant C, June 26, 201), and as for Defendant C, from the following day to the date of full payment.

2. Determination as to Defendant B’s assertion

A. As to this, Defendant B asserted that Defendant C, the wife of Defendant B, borrowed money from the Plaintiff for the opening of the business place, and Defendant B, around August 12, 2009, had the Plaintiff enter into the instant agreement with Defendant C along with the Plaintiff because it was a married life with Defendant C. On or around August 12, 2009. On or around April 201, the Defendants’ marital relationship was substantially terminated and Defendant B paid all the remaining money after organizing the business place under Defendant C’s name. Thus, Defendant B did not have the obligation to pay the instant agreement.

B. However, I borrowed a total of KRW 40,000,000 from the Plaintiff for household work.