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(영문) 광주지방법원 2019.04.05 2017가단29557
약정금
Text

1. Defendant B shall pay to the Plaintiff KRW 130,00,000 and the interest rate of KRW 15% per annum from October 9, 2018 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the evidence No. 1 of the basic facts, Defendant B’s father, who was the father of Defendant B, made an agreement on December 12, 2012 to the effect that the Defendant C had concealed the Plaintiff and stolen the Plaintiff KRW 138,00,000,000 on the date of agreement, and Defendant C paid KRW 8,000,000 on behalf of the Plaintiff on behalf of the Defendant B, who was under detention, the amount of damages of KRW 138,00,000, out of KRW 130,000,000 on the day of agreement, and if Defendant B was employed within 2-3 years after release, 1/3 of the monthly salary shall be paid to the Plaintiff from the date of release, and if Defendant B did not comply with this, it may be acknowledged that Defendant C agreed to sign a written agreement to the effect that Defendant B’s civil and criminal liability should be paid to the Plaintiff on the day of agreement.

2. Determination

A. In the case of a juristic act attached to Defendant B, if it is reasonable to view that, in the absence of the fact indicated in the subsidiary, Defendant B would not perform the obligation unless it occurs, it should be viewed as a condition, and if it is reasonable to view that the obligation should be performed even when not only the fact indicated but also the case where it is confirmed that it does not occur, it shall be deemed as determining the existence of the indicated fact as an indefinite term

In addition, in cases where certain facts are attached to the repayment of the obligation already borne, unless there are special circumstances, it shall be deferred and the time period shall expire when the facts have occurred or it becomes final and conclusive that no occurrence has occurred.

(See Supreme Court Decision 2003Da24215 Decided August 19, 2003, etc.). The Plaintiff had already been liable for damages arising from a tort due to the Plaintiff’s deceptioning the Plaintiff to cause property damage of KRW 138,00,00,000. The main text of the instant agreement is that the Plaintiff had already been liable for damages arising from a tort.

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