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(영문) 창원지방법원진주지원 2016.08.12 2016가단1232
약정금
Text

1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual rate of 5% from March 3, 2016 to August 12, 2016.

Reasons

1. Facts of recognition;

A. The plaintiff is the husband of the defendant's birth C.

B. On January 20, 2012, the Defendant issued and delivered a loan certificate stating that “the Defendant borrowed KRW 105,000,000 from the Plaintiff” to the Plaintiff (hereinafter “the first loan certificate”) (hereinafter “the Plaintiff”).

(2) On February 4, 2013, the Defendant issued and delivered a loan certificate stating that the Defendant borrowed KRW 50,000,000 from the Plaintiff.

The second proof is called ‘the second proof'.

(C) From March 12, 2012 to July 3, 2015, the Defendant remitted a total of KRW 105,000,000, as indicated in the attached Table of remittance to the Plaintiff as from March 12, 2012 to July 3, 2015. [The fact that there is no dispute over the grounds for recognition, as indicated in subparagraph 1-2, and subparagraph 1-2, 4-2, and 23 of the evidence No. 1-2, and the purport of the entire pleadings.

2. The parties' assertion

A. The plaintiff's argument is that the defendant is obligated to prepare and deliver the first and second bills to the plaintiff, and because the defendant promised to pay the amount stated in each of the above loans, the defendant is obligated to pay to the plaintiff 69,000,000 won after deducting the amount of KRW 86,00,000 from the total amount stated in each of the above loans and the amount of KRW 155,00,000 from the person who was repaid by the defendant.

B. Defendant’s assertion 1) The Plaintiff prepared and delivered the secondary certificate to the Defendant as the Plaintiff demanded the Defendant to guarantee the Defendant by lending KRW 50,000,000 to C. As such, the Defendant did not receive KRW 50,000,000, which is the amount stated in the secondary certificate from the Plaintiff, and there is no obligation to pay the said amount to the Plaintiff. 2) The Plaintiff paid the Defendant KRW 105,00,000 to the Defendant.

3. Determination

A. The facts that the Defendant prepared and delivered the first and second evidences to the Plaintiff are acknowledged as above. The above facts are acknowledged as follows based on the purport of the entire pleadings, i.e., the following circumstances, which are acknowledged as follows: ① the lease contract between the Plaintiff and the Defendant and her husband D terminated, the deposit amount of KRW 105,00,000 which the Plaintiff did not receive from D.

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