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(영문) 수원지방법원성남지원 2019.06.07 2019가합402782

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant, along with the Defendant’s spouse C, operated a children’s automobile sales store (hereinafter “instant store”) with the name “E” in Songpa-gu Seoul Metropolitan Government D from March 6, 2014 to August 2016.

B. On July 6, 2015, the Defendant prepared a loan certificate (hereinafter “instant loan certificate”) with the purport that “the Defendant borrowed KRW 72,590,000 from the Plaintiff at an annual interest rate of 11% on July 5, 2017, and that “C shall stand joint and several sureties” (hereinafter “instant loan certificate”) and issued a notarized deed as a notary public’s office No. 924, 2015, which belongs to the Seoul Eastern District Prosecutors’ Office (hereinafter “instant notarized deed”).

C. On October 11, 2016, the Defendant filed an application for individual rehabilitation with Suwon District Court 2016Da101465, Nov. 30, 2017, and the repayment plan was authorized on November 30, 2017. According to the above repayment plan, the Defendant’s claim amount against the Plaintiff is KRW 72,590,000, and the total estimated repayment amount is KRW 14,128,846.

On the other hand, on October 11, 2016, C filed an application for individual rehabilitation with Suwon District Court 2016Da101472, and the repayment plan was approved on August 25, 2017.

1. The Plaintiff, along with the Plaintiff’s form G, jointly operated the instant store with G and B, and the Defendant and C refused to return the amount equivalent to the said amount, even upon receiving a request for return of KRW 22 million from G upon termination of the said business relationship with G on December 31, 2014.

On August 10, 2014, the Defendant and C, by deceiving the Defendant that they would pay the price if they supply a child’s automobile even though they did not have the ability or intent to pay the price of the goods even if they were supplied with the goods by the Defendant because the financial situation is not good, and by deceiving the Defendant that they would receive the total amount of KRW 50590,000 from the Defendant and receive the said price from the Defendant and receive the said price by fraud.

Fraud has been accused of criminal facts, but the Suwon District Prosecutors' Office.