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(영문) 서울중앙지방법원 2020.09.18 2019가합528959
약정금
Text

The defendant shall pay to the plaintiff KRW 400,763,897 and KRW 200,000 among them, from October 16, 2015, and the remainder of KRW 200,763.

Reasons

1. Facts of recognition;

A. On November 2012, the Plaintiff entered C Co., Ltd. (the trade name before the change of the Defendant, and the trade name as of July 1, 2015, hereinafter “Defendant”), and paid the amount to the Defendant’s customer over several occasions from December 1, 2012 to April 30, 2015, or remitted money to the Defendant’s account under the name of the Defendant.

B. On April 28, 2015, the Plaintiff agreed to settle the claim relationship arising from the said monetary transaction with the Defendant, and prepared a loan certificate (No. 4, hereinafter “the instant loan certificate”) with the following content.

The plaintiff's representative D Article 1 (Loan) The plaintiff lends KRW 400,763,897 to the debtor D to verify whether the creditor and the debtor verify.

Article 2 (Repayment Date) The due date for the repayment of the borrowed amount shall be from April 30, 2015 to December 31, 2015; - KRW 200,000,000 on October 15, 2015; and the secondary due date for the repayment of the borrowed amount shall be KRW 20,763,897 on December 31, 2015.

2. The debtor is entitled to make an early repayment of any or all of the loans borrowed on or before the date of repayment under paragraph 1 of this Article.

(hereinafter referred to as "creditor") on April 28, 2015: Plaintiff (Attachment omitted) obligor: Defendant Representative D (Attachment omitted)

C. Around June 2015, D drafted a written agreement on the acquisition of a corporation between E and E companies with the content of transferring the entire shares issued by the Defendant to KRW 20,000,000.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, witness D's testimony, purport of whole pleadings

2. Determination as to the cause of action

A. As long as a disposition document is recognized as the authenticity of its formation, the court shall recognize the existence and content of declaration of intent in accordance with the language and text stated in the disposition document, unless there is any clear and acceptable counter-proof as to the denial of its contents.

(Supreme Court Decision 2014Da19776, 19783 Decided February 15, 2017, etc.). (B)

In light of the following circumstances, prior to a specific judgment, the Defendant may recognize the evidence and the facts admitted together with the overall purport of the pleadings.

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