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(영문) 대구지방법원김천지원 2017.07.14 2017가합15242
채무인수금
Text

1. The defendant shall pay 280,000,000 won to the plaintiff and 24% per annum from January 1, 2015 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. On December 7, 2014, the Plaintiff, C, and the Defendant drafted a letter of undertaking with the following content (hereinafter “instant agreement”), and the Defendant paid KRW 120,000,000 to the Plaintiff from January 5, 2015 to March 16, 2015.

Article 1 Creditor(Plaintiff) and Obligor(C) agree that as of the end of November 2014, a debt of KRW 680,000 shall be KRW 400,000 and shall be paid as follows:

Of KRW 400 million, KRW 200 million shall be deposited into an account designated by the creditor (Plaintiff) on a lump sum basis by December 31, 2014.

(Provided, That 24% interest shall be paid at the expiration of the deposit period).

The remaining balance of KRW 200 million shall be deposited into the account designated by the creditor in installments from January 2, 2015 to December 2, 2016, but shall be paid in 100 million per annum, and the payment method shall be paid in 5 million won, and the balance of KRW 40 million shall be paid in a lump sum at the end of each year. If the payment is not made, interest of 24% per annum shall be paid retroactively to the

(Provided, however, interest shall not be paid for KRW 200 million). The obligor(C) agrees that the obligor will transfer the mushroom farming company located in Kimcheon-si D (tentative name, E farms) to the obligor(Defendant) including the obligation of section 1, and the obligor(Defendant) will succeed to the obligation of section 1, including the obligation of section 1, and comply with the terms and conditions of payment of section 1(a) and (b).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 6, the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is recognized to have agreed to accept C’s obligation of KRW 400,000,000 against C, and to pay interest at the rate of 24% per annum from January 1, 2015 if C did not comply with the payment deadline (it is difficult to accept the Defendant’s assertion that the Defendant agreed to pay interest at no interest from 2015 to 2017, taking into account the content, expressions, phrases, etc. of the instant agreement). Accordingly, the Defendant’s remaining debt acquisition amounting to KRW 280,00,000 and interest payment thereon.

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