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(영문) 서울중앙지방법원 2017.03.17 2016나79009
약정금
Text

1. The plaintiff's appeal against the defendant is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

Plaintiff’s assertion

On September 198, 1998, the Plaintiff agreed to receive KRW 50 million from the Defendant when transferring a bill of exchange held by the Plaintiff to the Defendant at KRW 80,000,000, and the remainder of KRW 30,000 was paid thereafter.

Since then, from 2003 to 2009, the Defendant paid KRW 12950,000 to the Plaintiff four times, and the co-defendant C of the first instance court, who is the Defendant’s spouse, decided to pay the Plaintiff the remaining amount of KRW 17,050,00 to the Plaintiff jointly and severally with the Defendant at the time of 2009.

Since the plaintiff was paid an additional 7 million won, the defendant is jointly and severally liable with C to pay 10 million won and delay damages to the plaintiff.

Judgment

There is no evidence to prove clearly that the Defendant agreed to pay the money to the purport as alleged by the Plaintiff on September 1998.

Rather, according to the statements in Gap 1, Eul 1, 2, and 3, there is a loan certificate stating that Eul borrowed KRW 30 million from the plaintiff on September 30, 1998, and the defendant also constitutes the debtor.

The fact that there is no mentioning mentioning that the Defendant is jointly and severally liable, and the fact that the money repaid after the preparation of the above loan certificate was deposited into the account designated by the Plaintiff in C.

If so, it is insufficient to recognize that C is the defendant's spouse or that the loan certificate of this case was prepared in 2009, not in 1998 but in 2009.

Thus, the plaintiff's claim against the defendant shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion.

The plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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