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(영문) 대전지방법원천안지원 2016.09.01 2016가단102616
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff came to know of the Defendant around February 2014, when she met C, and maintained the relationship with the Defendant from around that time to March 2015.

B. On January 27, 2015, the Defendant prepared and sent to the Plaintiff a letter with the following content (hereinafter “instant letter”).

The defendant will assist the plaintiff to live together with the plaintiff, who is divorced from the defendant's principal office for the plaintiff.

When the above commitments are made, I undertake to satisfy all the requirements that the plaintiff wants.

The defendant is living well by the plaintiff without any problems. The defendant is hedging with C, and the defendant and the defendant agreed to suspend all personal relations with C, thereby promising the plaintiff to pay KRW 2,00,000 to the plaintiff the living expenses of January 30, 2015 through January 30, 2015. If we do not have a divorce and live with the plaintiff, they agreed to compensate the plaintiff for damages of KRW 150,000,000 at present.

C. However, the defendant did not pay the living expenses according to the letter of this case to the plaintiff, and did not divorce with the defendant's wife.

On March 2015, the Plaintiff and the Defendant drafted a loan certificate (hereinafter “the loan certificate of this case”) with the following contents as follows.

The defendant promises the plaintiff to pay KRW 20,000,000 to the plaintiff after deducting shares from the agreement amount and compensation for damages on each letter instead of knowing the complaint on each letter.

The amount of KRW 10,00,000 shall be given first on March 12, 2015, and the remainder shall be KRW 10,000,000 remaining until the end of May 2015. If payment is not made by the end of May, I would not raise an objection under the law against each letter of KRW 150,000,000.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. The parties' assertion

A. The Plaintiff’s assertion is that the Defendant paid KRW 20,000,000 to the Plaintiff according to the instant loan certificate, even though the Defendant paid the Plaintiff KRW 20,000,000, March 12, 2015.

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