(영문) 인천지방법원 2020.05.19 2019나60267

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.05.19 2019나60267

차용금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff seeks payment on the ground that the Defendant agreed to pay to the Plaintiff the agreed amount of KRW 30 million.

On or around July 31, 2014, the Plaintiff filed a complaint for fraud against C at the request of C, which was not returned on or around January 18, 2012, with the Plaintiff’s child, around January 18, 2012, and the Defendant requested the Plaintiff to request the amount of KRW 73 million from the agreement amount of the above complaint case. On or around June 26, 2015, the Plaintiff agreed to pay KRW 30 million additional amount in addition to the amount of KRW 9 million paid to the Plaintiff. The Plaintiff’s withdrawal of the complaint against C does not conflict between the parties or are recognized by the statement of KRW 1 through 5.

However, according to the overall purport of the statements and arguments in Eul evidence Nos. 2 through 6, the defendant borrowed KRW 26 million from D and paid KRW 26 million to D as repayment of the above agreed amount on May 21, 2019, and the plaintiff prepared a written application for cancellation of complaint and a written application for punishment to the effect that he/she does not want punishment for C in relation to the fraud case against Eul on the same day (Cheongju District Court 2018 High Court 2018 High Court 2140). According to the above facts of recognition, it is reasonable to deem that the plaintiff and the defendant agreed to pay KRW 30 million in relation to the fraud case against Eul, but the defendant changed the above agreed amount to KRW 26 million on May 21, 2019, and that there was no agreement between the plaintiff and the defendant as to the agreed amount between the plaintiff and the defendant as to the agreed amount.

Therefore, since the defendant's obligation to pay the above agreed amount has ceased to exist according to the above payment of 26 million won, the plaintiff's assertion is therefore without merit.

2. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is concluded.

유사 판례

-대전지방법원 천안지원 2018.05.09 2017가단113811

-춘천지방법원 강릉지원 2021.02.09 2019나32825

-수원지방법원 2013.12.17 2012가단81155

-수원지방법원 2016.07.26 2015가단59753

-대구지방법원 2016.08.25 2016가합183