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(영문) 서울중앙지방법원 2018.11.28 2018가단5001646

약정금

Text

1. The defendant shall be the plaintiff.

(a) KRW 9,000,000; and

B. From January 10, 2018 to November 28, 2018, for KRW 90,000,000.

Reasons

1. Facts of recognition;

A. On April 17, 2009, the Plaintiff transferred KRW 90 million to the Defendant. Around that time, the Plaintiff received the following documents from the Defendant, and then issued a written confirmation to the Defendant stating that “The Plaintiff shall immediately return KRW 50 million, excluding the Plaintiff’s shares, to the Defendant who received a refund of KRW 150 million from the borrower C.”

1) Loan certificate: The borrower C, the Plaintiff, the principal amount of KRW 150 million, and two months from the date of maturity lease: The certificate of KRW 150 million out of the amount of compensation to C, the transferee, the Plaintiff, and the object of transfer in the lawsuit claiming compensation for losses (hereinafter referred to as the “certificate of this case”).

(2) The loaner’s payment of KRW 100,00,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,0000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,00,00,00,00,00.

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff lent the above KRW 90 million to the defendant, as to the plaintiff's principal claim of KRW 90 million.

However, as seen earlier, the document of this case stating that if the Plaintiff received the loan certificate stating C as the borrower and C delays repayment, the Defendant promised to pay interest (damage for delay).