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(영문) 의정부지방법원고양지원 2019.10.25 2018가합74443

각서금

Text

1. The Defendant’s each of the Plaintiffs’ KRW 125,00,000, and as to this, 5% per annum from October 1, 2012 to August 23, 2018.

Reasons

1. The case summary was lent to the Defendant by the Plaintiff B from September 2000 to November 2003, 528,715,000 won. Accordingly, the Defendant would pay KRW 250,000 to the Plaintiffs who are married couple on February 1, 2010.

“The Plaintiffs claim for the agreed amount because they prepared a letter of commitment, and thus, the Defendant asserted that the Plaintiffs merely made investments in D, etc. through the Defendant and did not lend money to the Defendant, and that each of the above claims is an expression of intention, a conspiracy, a declaration of intention by mistake, or a declaration of intent by mistake, and thus, it cannot comply with the Plaintiffs’ claim.

2. recognised facts;

A. From September 4, 200 to November 28, 2003, KRW 528,715,000 was transferred from the Plaintiff’s bank account to the Defendant and D’s bank account in 36 instances.

(Attached No. 3. Adjustment Table, No. 4, 6, and No. 19 are remitted to a D account, and the remainder is remitted to the Defendant’s account)

B. From September 26, 200 to June 30, 2003, the amount of KRW 325,374,500 was transferred from the Defendant’s bank account to the Plaintiff’s E bank account from September 26, 200 to June 30, 203.

(Attached Form B 4-4)

C. Plaintiff B was transferred by account transfer from D as follows:

Plaintiff

A and the defendant were internal relations from around 1998.

E. From March 30, 2009 to September 10, 2012, the Defendant wired money to Plaintiff B’s account each month from KRW 350,000 to KRW 50,000.

F. On February 1, 2010, the Defendant prepared a letter promising that “the Defendant shall pay KRW 250,000,000 to the Plaintiffs by June 30, 2010” (hereinafter “each of the instant notes”) and sent it to the Plaintiffs.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 2-1, 2, and 3 of Eul evidence 2-1, 2, and 3, the party principal examination result against plaintiff Gap, the purport of the whole pleadings

3. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant shall pay the plaintiffs 125,000,000 won, respectively, in accordance with the letter of the case.