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(영문) 서울동부지방법원 2019.05.23 2018가합105185
약정금
Text

1. The Plaintiff:

A. As to Defendant B and C’s joint and several liability amounting to KRW 970,000,000;

B. Defendant D is Defendant B.

Reasons

1. Facts of recognition;

A. On March 26, 2008, the Plaintiff lent KRW 1,000,000,000 to E as an intermediary of Defendant B (hereinafter “instant loan”).

B. When the Plaintiff was unable to receive the instant loan, the Plaintiff filed a criminal complaint against Defendant B and E, and the prosecutor conspireds with Defendant B and E without intent or ability to repay, and prosecuted Defendant B and E as the facts charged that he obtained KRW 1,00,000,000 from the Plaintiff as the borrowed money without intent or ability to repay.

On December 4, 2015, the first instance court sentenced the Defendant B to two years of imprisonment and three years of suspended execution in June of one year and six months of one year and six years of imprisonment.

(Seoul Southern District Court 2014Gohap278, hereinafter referred to as "related criminal trial"). (c)

On March 8, 2016, the Defendants drafted a performance memorandum (hereinafter “instant performance memorandum”) with the Plaintiff as follows:

Written of Performance

1. The obligor B promised that the obligee A’s president’s debt of KRW 1 billion should not be repaid within one year after the release of the detention house, and the obligor’s spouse B’s joint and several liability is provided.

2. The present D promises to assist the debtor in faithfully so that the debtor may repay his obligations under Paragraph A with the thickness of the creditor after the detention house was released.

C (Signature and Seal) (Surety) (Signature and Seal) (Surety) (Signature and Seal), which is a joint and several surety by the agent C of the debtor's agent, D (Signature and Seal) (Signature and Seal)

D. Defendant B paid the Plaintiff KRW 30,000,000,000, out of the above KRW 1,000,000 to the Plaintiff on the same day.

The plaintiff prepared a written application not to punish the defendant B, and the defendant B was sentenced to a suspended sentence of three years in imprisonment with prison labor for one year and six months in the relevant appellate trial.

(Seoul High Court 2015No3692). [Grounds for recognition: the fact that there is no dispute, Gap's 1 through 3 evidence, Eul's 2 and 3 evidence, the purport of the whole pleadings]

2. Determination

A. According to the above facts of determination as to the cause of the claim, Defendant B shall be KRW 1,00,000,000 to the Plaintiff.

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