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(영문) 부산지방법원 2017.10.31 2017가단305627
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 15% per annum from February 28, 2017 to the day of complete payment.

Reasons

Basic Facts

The Plaintiff, who was seeking to obtain a candidate for the member of the National Assembly in Seo-gu Busan Metropolitan City, was in charge of all affairs related to the election campaign to the Defendant, and paid the Defendant the money under the name of the election campaign expenses from November 30, 2015 to March 10, 2016.

On March 2016, the Plaintiff was unable to be recruited as a candidate for the National Assembly member of the Seo-gu District Party in Busan.

The plaintiff asserted that the defendant has misappropriated the amount equivalent to KRW 90,000,000, out of the money in the name of the election campaign expenses that the plaintiff paid to the defendant, and demanded that it be returned.

The borrower of cash loan certificate: the Defendant, on November 30, 2015, borrowed from the lender the total amount of KRW 0,000,000 per annum on December 20, 2015, KRW 0,000,000 per annum on January 10, 2016;

2. He paid in 15. The gold million Won.

Any balance shall be paid in the first-lane on October 30, 2016, with the payment of gold million Won by not later than December 31, 2016, with the repayment of gold million Won by not later than December 31, 2016, and shall be paid in every two-lanes.

It will pay KRW 0 million on February 28, 2017, KRW 000,000,000 on April 30, 2017, KRW 30,000,000 on June 30, 2017, and KRW 30,000 on September 30, 2017.

When the above repayment promise is made, all the responsibility of the defendant will be borne by him, and the civil property disadvantage will be borne by him.

On September 13, 2016, the Defendant: (a) drafted and delivered a cash loan certificate (hereinafter “the instant loan certificate”) with the following content to the Plaintiff; and (b) at the time, the Defendant agreed to lose the benefit of the time when the installment agreement under the instant loan certificate is not fulfilled even once.

The defendant did not pay to the plaintiff the agreed amount in the loan certificate of this case until now.

[Reasons for recognition] Facts without dispute, entry of Gap evidence 1, assertion of the purport of the entire pleadings, and the ground for claim of judgment as to the grounds for claim of judgment, the defendant, barring special circumstances, agreed to the plaintiff in the loan certificate of this case 90,000.

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