(영문) 서울북부지방법원 2015.09.22 2014나7429

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(영문) 서울북부지방법원 2015.09.22 2014나7429

각서금등

Text

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. Determination on the cause of the claim

A. The facts of recognition (1) The Defendant: (a) filed a criminal complaint against C on March 27, 2013, following the Plaintiff’s failure to recover money with the Defendant’s father; and (b) on March 27, 2013, the Defendant paid KRW 30 million to the Plaintiff out of the lease deposit amount of KRW 10 million, out of the lease deposit (hereinafter “the instant letter”) and the Plaintiff’s withdrawal of the complaint against the Plaintiff with respect to each of the instant notes (hereinafter “instant notes”); and (c) paid KRW 30 million by March 26, 2014 (hereinafter “the loan certificate of this case”) to the Plaintiff.

(2) The Defendant paid KRW 5,100,000 to the Plaintiff out of the amount according to the above notes and the loan certificates, before and after the preparation of the instant notes and the loan certificates.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

B. According to the above facts finding, barring any special circumstance, the defendant is obligated to pay to the plaintiff 34.9 million won (i.e., KRW 30 million - KRW 5.1 million) out of the agreed amount pursuant to the letter of this case and the letter of loan in this case, and to pay damages for delay calculated at the rate of 20% per annum from July 3, 2014 to the day of full payment after the date of payment, as requested by the plaintiff, to the defendant, as the copy of the complaint in this case, as requested by the plaintiff.

2. The defendant's assertion and judgment

A. (1) The claim for anti-social legal act of this case and the loan certificate of this case provide that the defendant shall pay money to the plaintiff on condition of withdrawal of the plaintiff's complaint against C. This is written by using the defendant's mind that the plaintiff filed a complaint against C in a crime of fraud and who is his/her father. Thus, the legal act following the preparation is null and void in violation of social order.

(2) However, each statement of Nos. (1) and (2) alone is sufficient to prepare the letter of this case and the letter of loan.

참조조문

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