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(영문) 서울중앙지방법원 2019.04.25 2017가합544681
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendants are children of the network D (hereinafter “the deceased”), and E are the deceased’s wife.

In addition to the plaintiff and the defendants, there are children of the deceased, F, G, H, I, and J.

E and the deceased’s children jointly inherited the deceased’s properties.

B. On February 7, 2012, the Plaintiff obtained a loan of KRW 200 million from the K bank as collateral for the deposit claim of KRW 200 million against the K bank. 2) On February 1, 2013, the Plaintiff subrogated for the Plaintiff’s loan obligation of KRW 200 million against the K bank by offsetting his deposit claim of KRW 200 million against his K bank against the Plaintiff.

3) On March 14, 2017, E seeks payment of KRW 200 million by subrogation against the Plaintiff (hereinafter “relevant claim for reimbursement”).

The Plaintiff filed a suit. On April 2, 2012, the Plaintiff: “F, G, H, Defendant B, and their children (hereinafter “F, etc.”) recognized the Plaintiff’s donation of property less than other brothers and sisters from the Deceased, and drafted a letter of agreement that the Plaintiff should pay KRW 300 million to the Plaintiff (hereinafter “instant letter of agreement”); and on January 14, 2013, the Plaintiff and E subrogated the Plaintiff’s loan obligation amounting to KRW 200 million, and E did not seek reimbursement of KRW 200 million on behalf of the Plaintiff; instead, the Plaintiff was paid KRW 10 million out of the said KRW 30 million paid by the Plaintiff pursuant to the instant letter of agreement (the amount to be paid by the Plaintiff was corrected to KRW 300 million from KRW 30 million from KRW 100,000,000,000). However, the Plaintiff’s assertion that the Plaintiff did not dispute the Plaintiff’s claim for damages for delay.

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