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(영문) 부산지방법원 동부지원 2018.01.10 2017가단207583
약정금
Text

1. The defendant shall pay 56,60,000 won to the plaintiff and 15% per annum from June 2, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant did not receive KRW 70,400,000 among them, and filed a lawsuit seeking the payment of said money, which became final and conclusive in the said lawsuit that “the Defendant shall pay KRW 18,90,000 to the Plaintiff by July 10, 2015.”

(Resan District Court 2015dan463). (b)

In a criminal case prosecuted upon the plaintiff's complaint, the defendant was sentenced to a fine of KRW 3,00,000 for the following criminal facts on January 18, 2017, and the above judgment became final and conclusive.

(2) Around December 2012, 2014, the Defendant borrowed money from the victim A and did not pay the debt from around December 2014, and received payment demand from the victim.

Therefore, if the defendant prepares a written confirmation that he/she will not raise any objection against 39 million won out of the borrowed money to the victim, he/she shall obtain a written confirmation from his/her parents and shall pay 39 million won with the money, and then received a written confirmation from the victim.

On January 20, 2015, the victim filed a lawsuit claiming the return of loan (2015da4463) against the defendant with the Busan District Court on January 20, 2015, where the defendant did not pay the money despite having written a written confirmation of the defendant.

On March 2, 2015, the defendant submitted a written confirmation that the victim did not have any obligation to pay due to the victim's failure to pay 39 million won at the Busan District Court located in the Busan District Court, Busan District Court.

However, in fact, the defendant did not have the effect of the above confirmation because he received a written confirmation and did not pay the money actually to the victim.

As a result, the Defendant attempted to acquire pecuniary benefits equivalent to the same amount by deceiving the above court, but the victim did not raise an objection after receiving a decision of recommending reconciliation, and did not intend to do so.

C. As above, the investigation process of the accusation case in which the judgment became final and conclusive.

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