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(영문) 부산지방법원 2021.01.20 2020가합44028
약정금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff asserted that, around July 2017, the Defendant loaned the 144,500,000 won from the Defendant to the Defendant, the Plaintiff promised that the 300,000 won of the 150,000 won of the 300,000 won of the 50,000 won of the 50,000 won of the 50,000 won of the 144,50,000 won of the 140

Therefore, the defendant is obliged to pay KRW 300 million to the plaintiff.

2. The Plaintiff and the Defendant had a relationship of interest from around 2015 to around 2020; the Plaintiff paid 144,500,000 to the Defendant on July 11, 2017 by means of remitting to the Nonghyup Bank account (Account Number C) in the name of the Defendant; the Defendant purchased the said money as “E” (hereinafter “E”); the Plaintiff kept the instant work and the guarantee of the work thereof at the Plaintiff’s home for a considerable period from around that time; the Plaintiff and the Defendant sent the instant work to F company for sale on October 2019, but failed to sell the work due to a decline in its value, there is no dispute between the parties.

However, there was an agreement between the Plaintiff and the Defendant regarding the method of assertion

To be recognized, it should be recognized that the Plaintiff entered into a specific agreement between the Defendant on the maturity of KRW 150,000,000,000 delivered by the Plaintiff to the Defendant, and the fact that the Defendant acquired and kept the instant works as the intent to own them. In addition, the facts acknowledged earlier, each of the evidence Nos. 2 and 5, and the testimony of the witness G was concluded between the Plaintiff and the Defendant, or that the Defendant acquired the instant art works with the intent to own them.

The recognition is insufficient, and there is no other evidence to prove it.

3. Thus, the plaintiff's claim against the defendant of this case is dismissed as it is without merit.

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