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(영문) 서울중앙지방법원 2018.07.05 2017나55079
추심금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. Plaintiff B was the Plaintiff’s child from May 2012 to September 2013, and was in alliance with the Defendant.

B. On November 6, 2012, Plaintiff B and the Defendant shared revenue and expenditure by opening and sharing savings accounts in the name of Plaintiff B, and repeating each subscription money.

C. Upon the Defendant’s request, Plaintiff B borrowed a total of KRW 25,00,000 from Samsung Card Co., Ltd. (hereinafter “Tsung Card”) on November 12, 2012 and KRW 25,000,000 on November 15, 2012, and lent it to the Defendant, and the Defendant allowed the Defendant to use his credit card.

On the other hand, in March 2013, Plaintiff A paid KRW 5,000,00 to the Defendant as the expenses for debt collection.

E. On December 17, 2014, Plaintiff B requested the Defendant to settle all debts, such as the principal and interest of Samsung Card, the amount withdrawn from the deposit account in the name of the Defendant, and the amount of credit card use, etc., and the Defendant, upon paying KRW 3,00,000 to Plaintiff B, prepared a written statement stating that “I shall repay money borrowed to B by the end of February 2015.”

F. On January 27, 2015, Plaintiff A requested the Defendant to determine the above debt collection expenses and the specific settlement amount for Plaintiff B, and the payment thereof. Upon consultation on the result and timing of the settlement of claims and debt, the Defendant drafted to the Plaintiff A each letter stating, “B will pay the amount of KRW 10,500,000, and KRW 3,500,000 to B, with the purport of recognizing the Plaintiff’s debt of KRW 10,500,000, and KRW 10,000,000, not later than the end of February 2015 (hereinafter “each letter of this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 5 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The cause of the action.

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