beta
Text
1. The defendant against the plaintiff A,
A. 36,450,169 Won and its related 5% per annum from July 21, 2020 to September 23, 2020, respectively.
Reasons
1. Facts of recognition;
A. Plaintiff A lent a considerable amount of money to the Defendant from November 28, 2016 to June 16, 2017.
(38 million won) On May 9, 2017, Plaintiff B lent 5 million won to the Defendant and the due date for payment is the same year.
7. Around May 11, 2017, the Defendant received reimbursement of KRW 800,000 among them. B. The Defendant, upon request from the Plaintiff on May 11, 2017, decided to pay the monthly installments, purchased a car with a joint name (Plaintiff 99% and Defendant 1% stake) and then purchased a car with a 60-month amount as indicated in the separate name (the Defendant borrowed the Plaintiff’s name) (hereinafter “the instant automobile”). The Defendant registered the instant automobile as a joint owner according to the aforementioned shares. The Defendant did not pay the above loans even though he paid the installment, and the Plaintiff did not pay it properly. The Plaintiffs filed a complaint with the Defendant around September 2017, which did not pay the installment payment of the automobile. There was a dispute over the amount of loans claimed by both parties in the investigation process, but the Plaintiff and the Defendant paid the Plaintiff a monthly installment savings agreement from around 2011 to 300,000.
A) The Plaintiff agreed to complete payment, and the Plaintiff A agreed to withdraw the complaint (Evidence 5-Dismissal). Accordingly, the Plaintiff submitted a written revocation of the complaint. D. Even after the revocation of the complaint, the Defendant failed to comply with the above written statement, and did not pay the deposit for automobile. The Defendant was convicted of having been convicted of the facts constituting a crime that acquired the above loan, etc. against the Plaintiffs (the Changwon District Court Jinwon Branch Branch case 2019Kadan379 fraud case). The amount that the Defendant is obligated to make monthly payment to the Plaintiff in accordance with the above written statement is the 1,388.