(영문) 대전지방법원천안지원 2017.10.17 2016가단18001

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(영문) 대전지방법원천안지원 2017.10.17 2016가단18001

약정금 등

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1. The Defendant shall pay to the Plaintiff KRW 82,561,642 and KRW 45,00,00 among them, 25% per annum from January 3, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff loaned total of KRW 45,000,000 to the Defendant between October 2004 and August 2007.

B. On October 6, 2012, the Defendant issued to the Plaintiff a letter of commitment that KRW 90,000,000,000, the principal amount of KRW 45,000,000 and KRW 120,000,000, total of the interest accrued from the money borrowed from the Plaintiff, and KRW 90,000,000,000, in order to secure the payment of KRW 90,000,00 on the letter of commitment for the said payment, and issued to the Plaintiff a letter of commitment that he/she will set up a right to collateral security as a mortgagee by October 24, 2012 with respect to each of the lands and the land of the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, in order to secure the payment of KRW 90,00,00,00,00.

C. On October 23, 2012, the Defendant: (a) stated in writing that “A (the Defendant) shall pay the Plaintiff KRW 90,000,000,000, in consideration of the period and earnings during the loan; and (b) if a promise is not performed, any legal measure shall be taken; (c) shall be taken in addition to interest at 25% per annum after the commitment date. The principal: (d) interest on October 2004 on the loan of KRW 45,00,000 ( KRW 45,000) : KRW 12,000,000 per day (hereinafter “instant payment note”).

The Defendant repaid to the Plaintiff KRW 5,00,000 on November 16, 2012, KRW 5,000,000 on March 4, 2013, KRW 5,000,00 on December 16, 2013, KRW 5,000,00 on December 16, 2013, and KRW 15,000 on January 2, 2015, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 1 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the plaintiff the remaining money after deducting the above payment from the principal and interest of the contract under the letter of payment in this case, unless there are special circumstances.

B. The defendant's decision on the defendant's additional claim for repayment shall also be made from January 201 to the same year.

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