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Reasons
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(영문) 인천지방법원 2020.04.29 2019나2285
양수금
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On February 25, 2014, the Defendant: (a) written and delivered each of the following documents (Evidence A 1; hereinafter “each of the instant documents”) to the Plaintiff in writing:

In each letter, the defendant (the defendant's resident registration number)'s amount (the plaintiff's resident registration number): will pay the above amount to B (the plaintiff) by March 2014.

As of February 25, 2014: Defendant

B. On December 4, 2014, the Defendant and E prepared and delivered a letter of payment (No. 5, No. 1, No. 1, 201, hereinafter “written rejection”) with the following content to the Plaintiff.

The amount of each payment: 20 million won (20,000,000) shall be liable for each of the above amounts and shall be paid by the following persons on February 28, 2015:

Clerks of December 4, 2014: Defendant Hah, respectively.

C. On August 24, 2016, the Defendant paid KRW 10 million to the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the Defendant agreed to pay KRW 50,000,000 to the Plaintiff when preparing the instant written statement, and paid KRW 10,000,000 on August 24, 2016, and thus, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 40,00,000 (= KRW 50,000,000 - KRW 10,000,000) out of the amount on the instant written statement, and the delay damages therefrom.

B. As to this, the Defendant agreed to pay only KRW 20,000,000 as a payment angle, and among them, the Defendant paid KRW 10,000,000,000, which is not paid to the Plaintiff, which is merely KRW 10,000,000.

The aforementioned facts and circumstances are as follows, i.e., the Defendant failed to pay at all KRW 50,000,000 until March 2014, which is the deadline for payment on each of the instant documents, ② the Defendant demanded the Defendant to pay the payment, and ② the Defendant prepared a written request for payment along with E, and ③ E is written.

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