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(영문) 수원지방법원평택지원 2015.03.10 2014가단18242
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from October 22, 2014 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff became aware of the Defendant while living in the workplace, and provided cash several times.

B. On October 7, 2013, the Defendant drafted a certificate of borrowing that “The Plaintiff would borrow KRW 30,000,000 from the Plaintiff and pay all the borrowed money by October 30, 2014 (hereinafter “the instant certificate of borrowing”).

【Ground of recognition】 The fact that there has been no dispute, Gap No. 1 and 2, and the purport of the whole pleading

2. According to the above facts of the judgment on the plaintiff's cause of claim, the defendant agreed to borrow 30,000,000 won from the plaintiff several times, or to pay 30,00,000 won to the plaintiff within the meaning of settling the existing monetary relationship.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 30,000,000 won and 20% interest per annum from October 22, 2014 to the day of full payment, which is the day following the day when the original copy of the instant payment order was served on the Defendant as requested by the Plaintiff, as the result of the repayment period.

3. The defendant's defense is proved to the effect that the loan certificate of this case was made by coercion of the plaintiff, and thus null and void. However, the defendant's defense is not sufficient to acknowledge the facts of the above defense, and there is no other evidence to acknowledge it. Thus, the defendant's defense is not accepted.

4. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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