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(영문) 서울중앙지방법원 2017.02.23 2016가단64877
매매대금
Text

1. The Defendant’s KRW 45,00,000 and its related amount are 5% per annum from January 1, 2009 to April 26, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. A. Around 2008, the Plaintiff was in office as a member of the Diplomatic Association (hereinafter referred to as the “Diplomatic Association,”) located in Ji Government-si C, and the Defendant was in office as a member of the FIIE located in Seoul Special Metropolitan City E.

B. On October 4, 2008, between the Plaintiff and the Defendant, the following commitment implementation notes (hereinafter “instant implementation”).

G Ha Han-il: Won-Won-Won (Won 65,000,000) will pay the said amount to G Y by the end of December, 2008 (Won 30 December 30, 2008).

Promises: B on October 4, 2008

On September 23, 2008, the Plaintiff already received KRW 20,000 from the Defendant by account transfer. D.

After the completion of the instant written execution, the Plaintiff retired from the position of a pastor of the instant church, and the Defendant subsequently performed the position of a pastor of the instant church, and the Plaintiff issued to the Defendant a lease contract for the instant church that he/she is a lessee.

E. On September 2012, the Defendant, while changing the name of the instant church to the FIIO and engaging in the activities of the FIO, received the total sum of KRW 40 million and KRW 40,000 and KRW 20,000 and KRW 20,000,000,000 paid by the Defendant from the latter FIO, and retired from the position of the head of the instant church.

[Reasons for Recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, Witness H's testimony, and the purport of the whole pleading

2. Determination on the cause of the claim

A. According to the facts of recognition of the Defendant’s obligation to pay under the instant written performance, barring any special circumstance, the Defendant calculated the Plaintiff at the rate of KRW 45,00,000 (=65,000,000- received amount of KRW 20,000) and the annual rate of KRW 15% per annum as prescribed by the Civil Act from January 1, 2009 to April 26, 2016, which is apparent in the record of the delivery of the original copy of the instant payment order, after the payment deadline, and from the following day to the day of full payment.

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