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(영문) 서울중앙지방법원 2019.08.23 2019가단8342
약정금 청구의 소
Text

1. The defendant shall pay 57,00,000 won to the plaintiff and 12% per annum from March 20, 2019 to the day of full payment.

Reasons

The Plaintiff paid KRW 42,00,000 to the Defendant, including KRW 36,00,000,000 on October 8, 2014, and KRW 6,000 on October 17, 2014.

On May 6, 2015, the Defendant promised to pay KRW 42,000,000 to the Plaintiff by June 30, 2015, and KRW 21,000,000 to the August 30, 2015.

On June 5, 2015, the Defendant paid KRW 6,000,000 to the Plaintiff.

[Reasons for recognition: Facts without dispute, Gap 1 through 3, and the purport of the whole pleadings] According to the above facts of recognition, the defendant is obligated to pay the plaintiff the balance of the agreed amount of KRW 5,700,000 ( KRW 21,000,000 - KRW 6,000,000).

The defendant asserts that he actually borrowed the above money is C, and that he paid the principal of KRW 42,00,000 between the plaintiff, C and the defendant, and that KRW 6,000,000 shall be paid to him, and KRW 36,00,000 shall be paid to him, but it is insufficient to recognize it only as a default of obligation attached to Section 5.

Therefore, the plaintiff's claim is accepted.

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