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(영문) 춘천지방법원 2019.10.23 2019가합12
약정금
Text

1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual interest thereon from January 9, 2019 to May 31, 2019, and the following.

Reasons

1. Presumed factual basis

A. On December 29, 2017, the Defendant’s husband C prepared a written confirmation (Evidence A 1) with the following content to the Plaintiff, and the Defendant and C signed the said written confirmation.

- It confirms that C pays to the Plaintiff a total amount of KRW 380 million on December 29, 2017 and pays the remainder of KRW 330 million on February 28, 2018, out of the total amount of KRW 380 million to the Plaintiff.

(C) LOBE. - In the event of failure to repay by February 28, 2018, the defendant will also be liable for the remaining amount after the repayment.

B. C did not pay KRW 30 million to the Plaintiff by February 28, 2018, and on March 5, 2018, C prepared a written confirmation (Evidence A No. 2; hereinafter “instant written confirmation”) with the following details modified the said written confirmation (Evidence A; hereinafter “instant confirmation”) to the Plaintiff, and the Defendant and C again signed the said written confirmation:

- It confirms that C pays to the Plaintiff a total amount of KRW 380 million on December 29, 2017 and pays the remainder of KRW 330 million on May 28, 2018, out of the total amount of KRW 380 million to the Plaintiff.

(C) LOBE. - In the event of failure to repay by May 28, 2018, the defendant will also be liable for the remaining amount after the repayment.

- - By April 20, 2018, KRW 100 million shall be paid.

- Establishing an additional set of March 5, 2018 and making full repayment on May 28, 2018.

C. C did not pay KRW 30 million to the Plaintiff by May 28, 2018.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1 and 2, and the ground for appeal

2. The parties' assertion

A. The Plaintiff’s assertion entered into the instant written confirmation that C would pay KRW 30 million to the Plaintiff if C fails to repay to the Plaintiff by May 28, 2018. Since C did not repay to the Plaintiff by May 28, 2018, the Defendant claimed that the Plaintiff would pay KRW 30 million to the Plaintiff. As C did not pay by May 28, 2018, the Defendant claimed against the Defendant for the payment of the agreed amount of KRW 330 million and damages for delay.

B. The Defendant’s assertion 1 prevents the Defendant from holding a toilet and house, and dump as soon as the Defendant died.

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