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(영문) 서울중앙지방법원 2016.03.31 2015가합19877
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On January 2007, the Plaintiff, including the Plaintiff and the Defendant, agreed to consult on the division of inherited property on or around January 2007, and the Defendant agreed to pay the Plaintiff for the cashing of inherited property in accordance with the agreement on division of inherited property as the inheritance-related lawsuit is concluded. Therefore, the Defendant asserts that the Plaintiff is obliged to pay the Plaintiff KRW 2,00,000,000, which is the aggregate of the deposit claim amount of KRW 100,000,000 and the loan claim of KRW 1,90,000,000, which is divided according to the agreement on division of inherited property.

According to Gap evidence No. 1, 2007, the fact that the deceased C’s inheritors, including the plaintiff and the defendant, agreed on the division of inherited property with the purport of dividing the amount of KRW 24% shares and deposit claims of KRW 100,00,000 among the inherited property of the deceased C, and the amount of KRW 1,90,000,000,000 for the loans to the previous unemployed Co., Ltd. from the plaintiff around January 207.

However, the above facts and the statements of Gap evidence Nos. 2, 3, and 4 (including branch numbers) are insufficient to recognize that the defendant agreed to pay the above deposit claims and loan claims to the plaintiff as the inheritance-related lawsuit is concluded, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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