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(영문) 서울중앙지방법원 2015.04.24 2014가합55296

대여금

Text

1. The defendant shall pay 138,60,000 won to the plaintiff and 20% per annum from December 16, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff respectively lent KRW 30,000,000 to the Defendant around September 199, and KRW 170,500,000 around May 200.

On July 27, 2000, the defendant drafted a notarial deed stating that the plaintiff will pay 170,500,000 won and interest of 24% per annum (payment on May 31, 2002) to the plaintiff by May 31, 2002.

B. On April 21, 2005, the Defendant drafted a letter of intent to make installment payments of KRW 200,500,000 per month from May 25, 2005 to the Plaintiff.

C. On May 26, 2006, the Defendant applied for bankruptcy and immunity by entering the debt owed to the Plaintiff in the list of creditors.

Jeonju District Court 2006Hadan88, 2006 888, 2006 hereinafter referred to as "first bankruptcy and application for immunity".

(D) On September 7, 2006, the Plaintiff filed a criminal complaint against the Defendant, and on November 23, 2006, the Defendant was indicted on the charge that the Plaintiff acquired KRW 170,500,000 from the Plaintiff as the borrowed money (the Jeonju District Court Decision 2006Da1389e).

On January 16, 2007, the defendant: (a) stated to the plaintiff on January 16, 200 that "the remaining obligation shall be determined to be KRW 170,000,000, or KRW 30,000,000, or KRW 300,000, or above; (b) on the same day, the remaining money shall be paid in installments; and (c) the remaining money shall be repaid in installments; (d) the above repayment amount shall be paid separately without any influence on the bankruptcy application in the district of Jeonju, the district of Jeonju, and shall approve the Defendant's obligation 160,000,000 to the Plaintiff, and the payment shall be made in installments from May 25, 2007 to August 25, 2015, and the payment shall be made in installments once or more times, and the payment in installments shall lose its interest during the period of installment."

On the same day, the plaintiff submitted a written agreement that he does not want to punish the defendant to the above criminal case division.

F. On February 6, 2007, the Defendant withdrawn the application for immunity from the first bankruptcy and application for immunity, and on June 20, 2007, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment for fraud in the above criminal case, and the above judgment is accordingly.