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(영문) 창원지방법원진주지원 2017.11.29 2017가단5880
약정금
Text

1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and 5% per annum from May 13, 2014 to November 29, 2017.

Reasons

1. Under the facts of recognition, the facts can be acknowledged in full view of the overall purport of the pleadings in the statements in Gap evidence Nos. 1 to 5.

The Plaintiff, on May 29, 2009, remitted KRW 40 million to the Defendant to the account under C’s name on August 29, 2009, remitted KRW 3 million to D account on August 31, 2009, remitted KRW 2 million to E account on September 11, 2009, remitted KRW 2 million to E account on October 1, 2009, remitted KRW 2 million to E account on October 24, 2009, and lent KRW 2 million to F account on October 24, 2009.

B. On May 13, 2014, the Plaintiff filed a criminal complaint against the Defendant due to the Plaintiff’s failure to pay the above amount, and the Defendant prepared a “performance certificate” and delivered it to the Plaintiff on May 13, 2014, stating that “I will substitute part of the amount of the creditor’s thickness (c 50,000,000 won) with a vehicle leased (c - 33,500,000), and deposit at least 20 million won for the remainder 15,00,000 won for the remainder - 7-10 days per month.”

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 50 million and delay damages at each rate of KRW 15% per annum under the Civil Act from May 13, 2014, which is the date of the preparation of the above performance certificate, to November 29, 2017, which is the date of this judgment, and from the date of completion of payment, to November 29, 2017, pursuant to the agreement of the above performance certificate, as the Plaintiff seeks.

(3) If the plaintiff's claim is reasonable, it is so decided as per Disposition by the assent of all participating Justices on the bench. The plaintiff's claim is justified.

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