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(영문) 부산지방법원 2017.11.28 2017가단23949
약정금
Text

1. As to the Plaintiff KRW 30,000,000 and KRW 23,00,000 among them, the Defendant shall pay to the Plaintiff KRW 1,00,000 from April 22, 2017.

Reasons

1. Determination on the cause of the claim

A. With respect to the fact that the Plaintiff paid a total of KRW 15,00,000 to the Defendant over 42 occasions, the fact that the Defendant was paid KRW 10,000,000 to the Plaintiff on March 24, 2015 from the criminal conciliation procedure (No. 2015-Type 2269, and No. 149 of the Busan East Eastern District Office) of the case in which the Defendant filed a criminal complaint for fraud (No. 2015-Type 2269, and No. 2015-Class 149 of the mediation of the case in which the Defendant paid KRW 110,000 to the Plaintiff, on April 30, 2015, the remaining KRW 105,000,000 each month from May 30, 2015 to KRW 105,000. The Plaintiff did not receive the remainder of the amount of the civil complaint and the agreement between the parties to the case is not reached.

B. Under the premise that the Plaintiff’s assertion has lost the benefit of time, the Plaintiff sought payment of KRW 105,00,000 to the Defendant (=10,000,000 - 5,000,000) and damages for delay.

C. In light of the content and purport of the instant agreement, it is reasonable to view that the period of repayment for installment payments of KRW 105,00,000 according to the instant agreement is the last day of each month. As such, with respect to KRW 30,000,000 that has come due as of the date of the closing of argument of the instant agreement and KRW 23,00,000 that has come due until March 31, 2017, the original of the instant payment order was served on and after April 22, 2017; KRW 1,00,000,000 that has come due on April 30, 2017; KRW 1,000,000 that has come due from May 1, 2017 to ③ 10,000,000 that have come due on May 31, 207; and KRW 10,000,000 that became due from March 1, 2017.

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