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(영문) 서울북부지방법원 2021.01.15 2020가단112512
약정금
Text

Defendant B shall pay 5,00,000 won to the Plaintiff and 12% per annum from March 27, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On December 20, 199, Defendant B purchased real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of transfer of ownership on February 21, 200.

B. On April 30, 2018, Defendant C, as Defendant B’s son, filed a registration of the right to request the transfer of ownership of the instant real estate on the ground of a pre-sale agreement on April 30, 2018 (hereinafter “provisional registration of this case”).

(c)

Defendant B, around July 16, 2019, had a large amount of money left in Africa and need to pay the money to the Plaintiff.

The term "to bring D's money out of the country and pay honorariums to a foreign country" and the request for lending of money was made.

(d)

The plaintiff is the defendant B-C.

Upon the request as referred to in the foregoing paragraph, money was paid several times from July 2019 to as expenses, and Defendant B, on September 7, 2019, prepared a loan certificate (hereinafter “the loan certificate of this case”) with the following contents and delivered it to the Plaintiff.

The loan certificate is received in 24 million won with USD D as the expenses incurred in entering the above amount. However, the above amount is an amount including the amount held several times from July 2019 and 4 million won as of the date of the increase, and as of November 15, 2019, Defendant B prepared and exchanged each of the following contents (hereinafter referred to as “one sheet”) to the Plaintiff on November 15, 2019:

As above, from November 18, 2019 to the date of entry into force of USD 53,00,000 borrowed from D at its acquisition cost, D shall be paid up to November 25, 2019 to the date of success of D in the United Kingdom by D, with only the principal of KRW 1,00,00,000 and by receiving a loan as security only for the failure of the principal. Defendant B prepared and supplemented each letter (hereinafter referred to as “second letter”) with the following contents as to the Plaintiff at the end of November 2019:

The above 15 million won, which he had been holding in Korea, has been trying to receive 15 million won or more, and he borrowed 55 million won or more from July 18, 2019 to the plaintiff on several occasions.

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