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Reasons
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(영문) 전주지방법원정읍지원 2014.06.26 2013가단3055
약정금
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1. Defendant B’s KRW 47,00,000 and the Plaintiff’s annual rate of KRW 5% from May 25, 2013 to June 26, 2014.

Reasons

1. Facts of recognition;

A. On May 21, 2009, the Plaintiff borrowed money from D and lent KRW 72,000,000 to Defendant B.

B. On December 19, 201, Defendant B drafted an agreement to pay KRW 72,00,000 to the Plaintiff by October 30, 2012 (hereinafter “instant agreement”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Plaintiff’s claim against Defendant B

A. According to the above facts of recognition as to the cause of claim, Defendant B is obligated to pay to the Plaintiff the amount of KRW 72,000,000 under the instant agreement, while the Plaintiff is a person who received reimbursement of KRW 25,00,000 from Defendant B, barring any special circumstance, Defendant B is obligated to pay the Plaintiff the amount of KRW 47,00,000 (i.e., KRW 72,000,000 - KRW 25,000,000) and damages for delay.

B. On August 201, 200, Defendant B borrowed only KRW 50 million to the Plaintiff at the time of the Plaintiff’s operation, and Defendant B borrowed KRW 214,00,000 in the name of the Saemangeum Agricultural Association upon the Plaintiff’s request in order to promote a project for joint livestock excreta resourceization under the name of the Saemangeum Agricultural Association, and there is a suspicion of using KRW 145,60,000 with the above money as land purchase cost and embezzlement of the remainder, and Defendant B asserted that it offset the Plaintiff’s claim with the above borrowed money and embezzlement. Since there is no evidence to acknowledge that Defendant B has a claim against the Plaintiff as above, Defendant B did not accept this part of the claim. Defendant B’s reimbursement of KRW 22,00,000 to D, the above amount should be deducted from the Plaintiff’s claim amount.

In full view of the purport of the entire pleadings in the testimony of the Plaintiff’s mother, the statement of No. 3, and witness F, F is the Plaintiff’s account with KRW 10,00,000, and D’s account.

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