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(영문) 인천지방법원부천지원 2020.08.19 2020가단117048
대여금
Text

The defendant shall pay to the plaintiff the amount of KRW 56,486,427 and the amount of KRW 42,023,19 from June 25, 2019 to the date of full payment.

Reasons

If the purport of the entire argument is added to the evidence No. 1 in the judgment as to the cause for the claim, the fact that the plaintiff lent KRW 50,000,000 to the defendant on September 12, 2016 at the interest rate of 24% per annum, and the fact that the defendant discharged the plaintiff as set forth in the following table.

The Defendant is obligated to pay the Plaintiff the principal of and interest on KRW 5,00,000 on March 12, 2017 5,00,000 on September 30, 2017 6, 200,007 7, 200,000 on June 30, 2017 1,00,000 on May 28, 2018 30, 300 3,00 on July 27, 2017 20,000 8,00 on June 28, 2018; 30,000,000,000,000,000 on June 1, 2018; 20,000 won on June 1, 16, 200,000,000 on June 14, 2019; 36,5,017

(See) On May 3, 2019, the Plaintiff and the Defendant agreed to indicate the Defendant’s intention to not pay punishment (hereinafter “instant agreement”) on the following grounds: (a) on May 3, 2019, the Defendant paid KRW 30,000,000 between the Plaintiff and the Defendant with respect to the case in which the Plaintiff filed a fraudulent complaint against the Defendant; and (b) on the condition that “the Defendant shall pay KRW 10,000,000 until June 20, 2019; and (c) the remainder shall be paid KRW 1,00,000 on June 20, 2019, the Defendant paid KRW 29,000,000 after the instant agreement.

However, the agreement of this case is based on the condition that the defendant pays 30,000,000 won to the plaintiff as agreed above. ② The plaintiff's position reduces the amount the defendant has to pay to the plaintiff under the premise that the defendant pays the debt well, considering the defendant's circumstances, i.e., the defendant's promise.

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