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(영문) 의정부지방법원 2019.01.31 2018가단16751
보증금반환
Text

1. The defendant shall pay to the plaintiff KRW 20,000,000 and KRW 1,000,000 on the 21st day of January from November 2018 to January 2022.

Reasons

On October 21, 2016, the Plaintiff and the Defendant agreed to pay KRW 60 million to the Plaintiff, while paying KRW 2 million to the Plaintiff until January 2017, and pay KRW 1 million to the Plaintiff on April 21, 2017. The Plaintiff and the Defendant prepared a loan certificate, and the Defendant paid KRW 1 million to the Plaintiff around April 2017, is not in dispute between the parties, or is recognized by comprehensively taking account of the overall purport of the pleadings in the statement in subparagraph 1.

According to these facts, pursuant to the above agreement, the Defendant is obligated to pay the Plaintiff KRW 20 million in total (excluding KRW 21 million in total from October 2018) and KRW 1 million in total from November 21, 2018 to January 202, 202.

(A) A claim concerning the part of which maturity comes after the date of the closing of argument in this case is seeking future performance, and the defendant refuses to pay the amount of money pursuant to the above agreement until the date of the closing of argument. Thus, as long as the defendant does not perform the obligation to continue performance as above, it is necessary to claim in advance for the part of which the deadline comes in the future. Accordingly, the plaintiff's claim in this case is justified, and it is so decided as per Disposition.

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