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(영문) 인천지방법원 2020.09.17 2020가단2730

각서금등

Text

1. Defendant B’s KRW 120,000,000 as well as 5% per annum from July 14, 201 to February 17, 2020 as to the Plaintiff.

Reasons

1. Basic facts

A. On July 13, 2011, Defendant B paid to the Plaintiff a letter of performance to repay KRW 250,000,000 to the Plaintiff.

B. The signature and seal of Defendant C and D was written in the above performance angle.

C. Defendant B repaid to the Plaintiff KRW 130,000,000.

[Ground of recognition] The entry of Gap evidence No. 3 and the purport of the whole argument

2. Determination on the cause of the claim

A. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff 120,000,000 won under the above performance memorandum as well as damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from July 14, 2011 to February 17, 2020, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

B. The Plaintiff seeking joint payment of Defendant C and D’s above money to Defendant C and D.

However, there is no evidence to prove that the evidence No. 3 was prepared by the above Defendants, and there is no evidence to prove the authenticity thereof.

In addition, there is no evidence that Defendant B granted the right of representation to the above agreement from Defendant C and D, and thus, Defendant C and D cannot be deemed to bear the obligation under the above performance rejection.

The plaintiff's claim against the defendant C and D shall not be accepted.

3. The plaintiff's claim against the defendant B is justified, and the claim against the defendant C and D is dismissed as it is without merit. It is so decided as per Disposition.