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(영문) 대구지방법원 2017.07.18 2017가단4284
물품대금
Text

1. The Defendant’s KRW 43,977,00 and KRW 7 million among the Plaintiff’s KRW 43,977,000 shall be KRW 36,977,00 from February 2, 2017.

Reasons

1. The parties' assertion

A. On July 8, 2016, the Defendant promised to pay KRW 46,977,000 to the Plaintiff in installments from August 2016 to KRW 1,000 per month.

(A) Nevertheless, the Defendant only paid to the Plaintiff the sum of KRW 3 million from September 8, 2016 to December 30 of the same year.

Therefore, the defendant is liable to pay the remaining 43,977,00 won and damages for delay to the plaintiff.

B. Defendant A’s certificate (written confirmation of the outstanding amount) was prepared and issued to the Plaintiff.

However, the defendant only promised to pay only KRW 10 million per month out of the attempted amount of KRW 46,977,000 on the written confirmation of the outstanding amount.

As a special contract of the above certificate, "the balance shall be repaid in full as soon as the circumstances are good," this is merely a debt which has no legal binding force (However, the defendant has attached it as a "natural debt," but it seems that it is not a proper example).

After all, the defendant's debt is limited to the above KRW 10 million, which is the unpaid amount of KRW 7 million.

2. According to the evidence No. 1 of the judgment of the court below, "amounting to 46,977,00 won, and KRW 10,000 won out of the special agreement amount shall be deposited as KRW 1,00,000 per month from July 2016, and the balance shall be repaid in full as soon as it is reasonable.

b. I confirm that, although the company has repaid the total amount of its obligation for the attempted amount of money, I promised to deposit the above amount in KRW 1,00,000 per month from August 2016 (the first "seven months" but the amendment to the "eight months") due to its financial standing, and that I would not raise any objection against the civil and criminal disadvantage of the non-performance of the obligation.

On July 8, 2016, it can be known that it is stated as “A”. It is called “The balance shall be paid in equal amount as it is reasonable.”

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