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(영문) 제주지방법원 2015.08.21 2014가단15674
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 20, 2010, the Plaintiff, upon receiving a request from the Defendant, who was the son on May 20, 2010, to “the Plaintiff, on behalf of the Defendant, will pay the Defendant KRW 90 million in the amount of profit by paying by subrogation the Defendant’s debt amounting to KRW 90 million on the same day.” The Defendant asserts that the Defendant is liable to pay the Plaintiff the said KRW 90 million and the damages for delay.

The Plaintiff’s repayment of KRW 90 million to the Credit Guarantee Fund on May 20, 2010 by subrogation of the Defendant is without dispute between the parties.

However, as shown in the plaintiff's above argument that the plaintiff lent KRW 90 million to the defendant, it is difficult to believe that the statement in Gap evidence Nos. 4 is in accord with the plaintiff's above argument, each statement in Gap evidence Nos. 3, 5, and 6 (including various numbers) is insufficient to recognize it, and there is no other evidence to acknowledge it, and the plaintiff's above assertion is without merit.

(O) According to Gap evidence No. 5-2, the plaintiff's claim is deemed to have donated the above amount to the defendant who is the plaintiff, who is the plaintiff). 2. Thus, the plaintiff's claim is dismissed as it is without merit.

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