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(영문) 수원지방법원 2018.02.06 2016가단526779
약정금
Text

1. The Defendant’s KRW 135,50,000 as well as 5% per annum from March 12, 2013 to July 29, 2016 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) from around 1993 to around 1993, the Defendant operated C’s Council members located in Dongducheon-si, and D’s Council members located in Suwon-si from around 1997. The Defendant borrowed and used funds through the Defendant, who worked as the head of the hospital office whenever the hospital’s operating funds

(2) The Defendant, while operating E won, accumulated the enemy, transferred D’s KRW 2.85 billion to F on January 25, 2007, and F agreed to take over KRW 180 million out of the above transfer proceeds, instead of paying KRW 180 million out of the above transfer proceeds.

(3) The Plaintiff prepared and delivered to the Defendant a settlement statement (Evidence A 3, hereinafter referred to as “the settlement statement of this case”) that adjusted the remainder of the obligation (e.g., monthly pay, retirement pay, interest, bonus, and height) to KRW 197,711,00, after deducting the acquisition price of this case from KRW 180,000.

(4) On October 29, 2009, the Defendant drafted a letter of payment stating that “The Plaintiff shall pay to the Plaintiff KRW 6,500,489 each month in installments with the principal and interest of KRW 200 million for 36 months from October 29, 2009 to September 29, 2012.”

hereinafter referred to as the "statement of payment in this case"

(5) (5) From February 3, 2010 to March 11, 2013, the Defendant repaid a total of KRW 64,50,000 on 24 occasions. [Grounds for recognition] The Defendant did not dispute the facts that there is no dispute, and the evidence A of subparagraphs 1 through 4 [3] is recognized as being a signature by the Defendant’s writing as a result of the appraiser G’s written appraisal, and the authenticity of the evidence A of subparagraph 3 (U.S.) is recognized, and the Defendant’s assertion is rejected.

[. Eul evidence Nos. 2 through 8 (including paper numbers, the result of the personal examination of the plaintiff, part of the personal examination of the defendant, the result of the appraiser G's written appraisal of the appraiser G, the inquiry inquiry of the appraiser G, and the purport of the whole pleadings of this court

B. According to the above facts of recognition, the defendant, unless there are other special circumstances.

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