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(영문) 부산지방법원 2018.08.31 2018나44876
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1.The Secretary (B, the Defendant) shall:

Period: From April 7, 2008 to March 7, 2010 (two years): The payment shall be made in cash each month.

From April 12, 2008 to approve the card price with the C card number used by A (the plaintiff) in the name of A (the plaintiff) and sign a letter to obtain approval from April 12, 2008, which will be subject to any criminal punishment in the event of this, and to obtain golf loans prepared by AC and sign a golf platform.

There is a letter of payment in the name of the defendant on March 2, 2008 (hereinafter “instant letter of payment”) with the following content on March 2, 2008.

[Reasons for Recognition] Gap evidence No. 1

2. The parties' assertion

A. The plaintiff asserted that the plaintiff lent KRW 24 million to the defendant, who is a golf player, and allowed the defendant to use the agricultural credit card in the name of the plaintiff.

From April 7, 2008 to March 7, 2010, the Defendant written a letter of payment of KRW 24 million, among the money loaned from the Plaintiff, for two years each month from April 7, 2008, and from April 12, 2008, with the content of obtaining approval from the Defendant for the agricultural credit card price in the name of the Plaintiff used by the Defendant.

Of the contents of the instant letter of payment, the part stating “I swear,” “I,” “I,” “I,” “I,” and “W, I, with respect to the credit card payment,” was modified by means of writing the words “W,” respectively, in relation to golf.”

Therefore, the defendant is obligated to pay to the plaintiff 24 million won and damages for delay in accordance with the letter of rejection of the instant payment.

B. Of the Defendant’s assertion, the part regarding “draft” related to installment payments, credit card payments, and golf, among the contents of the instant letter of claim for payment, is the Defendant’s death.

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