(영문) 의정부지방법원 2015.09.04 2014가합4580

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(영문) 의정부지방법원 2015.09.04 2014가합4580

약정금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) sold real estate owned by the Plaintiff, and around August 2009, the Plaintiff lent 225,000,000 won, which was part of the above purchase price, to the Defendant for the payment on August 30, 2013, and the interest was set at 30% out of the Defendant’s business profits, as the Defendant’s business funds. 2) Thereafter, the Plaintiff received 30,000,000 won from the Defendant, and did not receive the remainder of the rental principal and interest even after the payment period has expired.

3) On June 9, 2014, the Defendant drafted a written statement that the Plaintiff would pay KRW 190,000,000 to the Plaintiff by December 25, 2015. Accordingly, the Defendant is obligated to pay KRW 190,000 to the Plaintiff upon arrival of December 25, 2015.

B. Defendant’s assertion 1) The Defendant entered into a partnership agreement with the Plaintiff to receive KRW 25,00,000 from the Plaintiff and pay KRW 30% of the operating earnings of “D” in Dongducheon-si. It does not mean that the Plaintiff borrowed the above money from the Plaintiff. 2) The Defendant, while deciding to terminate the partnership with the Plaintiff, prepared a letter of intent to pay KRW 190,000,000 to the Plaintiff by December 25, 2015 in the course of consultation on the settlement of the partnership’s assets. However, in addition to the above KRW 190,000,000, the Plaintiff demanded the Plaintiff to pay KRW 3,00,000 per month as interest, and the Defendant reversed the said letter of intent by acquiring it from the Plaintiff.

Therefore, the agreement between the Plaintiff and the Defendant that the Defendant shall pay the Plaintiff KRW 190,000,000,000, not later than December 25, 2015 is not concluded.

2. Determination

A. The fact that the Plaintiff paid KRW 225,00,00 to the Defendant is without dispute between the parties. The fact that the Plaintiff paid the above money by means of a loan has the burden of proof against the Plaintiff, and the Defendant’s assertion constitutes an active person disputing the cause of the receipt of money, and the burden of proof is not imposed on the Defendant.

Supreme Court Decision 200

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