beta
(영문) 수원지방법원안산지원 2016.01.13 2015가단26535

약정금

Text

1. The Defendant’s KRW 45,900,000 as well as the Plaintiff’s annual rate of KRW 5% from October 19, 2006 to August 13, 2015.

Reasons

1. Basic facts

A. The Plaintiff was a managing director of C Co., Ltd. (hereinafter “C”) who was an apartment and commercial building sales executor.

D On September 9, 2005, the Plaintiff provided to the Plaintiff with a letter of commitment that (i) the Plaintiff shall be liable for the total of KRW 25,800,000,000, such as appraisal costs, personal loan, etc.; (ii) the appraisal costs, business registration costs, etc.; and (iii) the Plaintiff shall be liable for additional costs of KRW 28,00,000,000 (hereinafter referred to as the “certificate of loan and letter of commitment”).

B. On June 2006, the Plaintiff filed a complaint with the Seoul Gangseo Police Station on the charge of fraud as follows.

D was carried out as if it was a bank employee even though it was not a bank employee. From March 10, 2005 to November 17, 2005, C acquired 45,900,000 won in total as real estate appraisal expenses, bank entertainment expenses, personal loan, etc. from March 10 to November 17, 2005.

C. Accordingly, the investigation of D was initiated.

On October 13, 2006, the Defendant, who is the mother of D, made the following confirmation notes (cash storage certificates, hereinafter referred to as “each of the instant notes”) to agree on the Plaintiff.

The above amount: 45,900,000 won paid by ASEAN up to October 18, 2006 to the amount used by ASEAN. The owner F (D's father) of forest E-9,107 square meters of forest land in Gyeong-dong, Chungcheongnam-dong, Chungcheongnam-do will set up and cycle the above amount. If the implementation is not made, it would be assumed civil and criminal responsibilities for the portion agreed in advance under the terms of criminal agreement.

The plaintiff was above B.

The complaint was revoked, and D was subject to a disposition to the effect that there was no suspicion in the above criminal case.

[Judgment of the court below] Facts without a dispute, Gap evidence Nos. 1, 3, and 5, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, barring any other circumstances, the Defendant, barring any other circumstance, shall be the year prescribed by the Civil Act from October 19, 2006 to August 13, 2015, the delivery date of the original copy of the instant payment order, which is the date following the agreed payment date, pursuant to the letter of this case, to the Plaintiff.

참조조문