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(영문) 광주지방법원 2019.09.19 2018가단20151

약정금

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1. Defendant B: (a) KRW 110,00,000, and 5% per annum from January 1, 2019 to September 19, 2019, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. Upon Defendant B’s request, the Plaintiff transferred the total of KRW 100,000,000 to Defendant C’s bank account on five occasions, including KRW 30,000,000 on October 21, 2015; KRW 30,000,000 on February 30, 11 of the same year; KRW 40,000,000 on July 7, 12 of the same year; and KRW 100,000,000 on December 19, 200.

B. On June 27, 2018, Defendant B promised to pay to the Plaintiff KRW 150 million, including the Plaintiff’s KRW 100,000,000,000,000,000,000,000,000,000, including the Plaintiff’s KRW 100,000,000,000,000,000,000,000. After the completion of the house, Defendant B promised to refund the attempted investment money without a molding the week, as long as it is possible to sell the house after the completion of the house. The Plaintiff drafted a “statement for the collection of investment money” with the content that “the Plaintiff shall not avoid criminal liability.”

(hereinafter referred to as “this case’s statement of payment”). / [Grounds for recognition] without dispute, entry of Gap evidence 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Defendants asserting that the Plaintiff’s assertion should return KRW 150 million to the Plaintiff as joint real estate development business proprietor, when they lent KRW 100 million to the Plaintiff as joint real estate development business proprietor.

“The Plaintiff,” and the Plaintiff wired the total of KRW 100 million to Defendant C’s national bank account designated by Defendant B from October 21, 2015 to December 29, 2015.

Defendant C is not only the name of the head of the Tong to whom the above KRW 100 million was remitted, but also partly repaid the amount. As such, the Defendants jointly have the obligation to jointly pay to the Plaintiff the remainder of KRW 110,000,000, excluding the above agreed amount of KRW 150,000,000, and the damages for delay after December 30, 2015, which is the day following the due date for payment.

B. (1) According to the above facts of recognition as to Defendant B, it is recognized that Defendant B agreed to pay to the Plaintiff KRW 110,000,000 in accordance with the instant payment note. Thus, Defendant B shall pay the Plaintiff KRW 110,000,000.