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(영문) 의정부지방법원 2018.07.10 2017가단109199
약정금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 94 million to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from May 5, 2017 to July 10, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 15, 2016, the Plaintiff and the Defendant, from around 2008, drafted a payment angle (Evidence A No. 1; hereinafter “instant payment angle”) with the following content, among those that had been engaged in money transactions from time to time.

17,00,000 won loan: The defendant shall pay the above amount to the plaintiff 17,000 won principal and interest of KRW 17 million until August 30, 2016; the principal shall be paid at least KRW 100,000 per month until he/she fully pays at least KRW 2,000,000 per month; and if he/she fails to pay the above amount of KRW 2,000,000 for at least two months, he/she shall assume any civil and criminal responsibility and shall not raise any objection.

(Provided, That on July 15, 2016, the borrower shall pay the due date for KRW 100 million up to five years): The plaintiff

B. The Defendant completed the repayment by August 30, 2016 of the amount of KRW 17 million out of the obligations specified in the instant payment memorandum, but the KRW 100 million is paid in 6 million as follows, and the amount of KRW 100 million is not paid thereafter.

KRW 20,000,000 won on September 1, 2016, KRW 2500,000,000 won on September 30, 2016, KRW 1500,000 on September 30, 2016, KRW 200,000 on January 26, 2017, KRW 200,000 on January 1, 2017

C. The Plaintiff and the Defendant drafted the instant payment note on the premise that the Plaintiff and the Defendant agreed to repay the said KRW 100 million as principal without interest.

(A) evidence 7). 【Reasons for Recognition: Facts without dispute, A’s evidence 1

2. Determination as to the cause of the principal claim

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the remainder of KRW 94 million, out of KRW 100,000,000 as stated in the instant letter of payment (the Plaintiff asserted that the Plaintiff received the above KRW 6 million as interest, but the Defendant agreed to repay the amount in installments to the principal). Since the Defendant did not repay the amount in installments after February 11, 2017, at least two months thereafter, lost the benefit of time pursuant to the instant letter of payment around April 2017.

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