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(영문) 대전고등법원 2019.10.23 2019나13788
약정금지급
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. From April 29, 2008 to June 23, 2014, the Plaintiff lent money to the Defendant several times, and the Defendant repaid part of the money several times until July 28, 2016.

The amount of this case's note 520,000,000 won in the order of 1 billion won in water, 2220,000,000 won in water, 200,000 won in monthly interest of 222,000,000 won in water, and 220,000,000 won in E stores: Each of the above amounts shall be repaid with the top priority as from water (F) in the amount of KRW 300,000,000 in water, and KRW 520,000 shall be repaid with the top priority as from water (F) in the amount of KRW 520,000 (Won 520,000,000) in the above amount of KRW 30,00,000 in water, and KRW 1,400,000,000 per month shall be paid with the second priority in water (F) and KRW 1,000,000 per year shall be repaid.

I will be fully responsible for civil and criminal liability.

B. On July 29, 2016, the Defendant drafted the following note to the Plaintiff (hereinafter “instant note”), each letter (hereinafter “instant letter”), and each other’s memorandum of confirmation (hereinafter “instant letter of confirmation”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, 14, Eul evidence 1 to 4, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The gist of the Plaintiff’s assertion is that both the agreed amount and the loan are the cause of the claim, and each of the above arguments is compatible, and thus, it is deemed a selective claim.

1. From April 29, 2008 to June 23, 2014, the Plaintiff lent money to the Defendant several times. On July 29, 2016, the Plaintiff demanded the Defendant to settle the claims and obligations up to that time and to repay KRW 520,00,000 to the Defendant. The Defendant, while promising the Plaintiff to pay the said money, drafted the instant note, note, and letter of confirmation.

Therefore, it is true.

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