(영문) 대전지방법원천안지원 2016.05.26 2015가단14897

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(영문) 대전지방법원천안지원 2016.05.26 2015가단14897

약정금

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1. The defendant shall pay to the plaintiff KRW 28,00,000 as well as 5% per annum from December 25, 2004 to December 26, 2015.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on July 27, 2007.

As the inheritor of the deceased, D, a spouse of the deceased, was a child of the deceased, and D renounced the inheritance of the deceased’s property.

B. On November 26, 2004, the Defendant prepared and delivered to the Deceased a letter of payment for the following contents (hereinafter “instant letter of payment”).

The defendant's statement of payment was in default on the amount of KRW 15,00,000, and KRW 21,000,000 in the Promissory Notes held by the deceased. The defendant's statement of payment was to pay the amount by December 24, the due date of the Promissory Notes. The fact that there is no dispute, Gap's statement of KRW 1,2, and 3, and the purport of the whole pleadings.

2. According to the above facts of recognition, the defendant is obligated to pay KRW 36,00,000,000 (= KRW 15,000,000) calculated by deducting KRW 8,000,000,000, which the plaintiff was paid by the defendant to the plaintiff, who is the inheritor of the deceased, from the amount of KRW 36,00,000 (=36,000,000 - KRW 8,00,000).

As to this, the Defendant asked G and the deceased for the bill discount for the construction cost. The Defendant received the bill discount from H on September 14, 2004 and received 39,960,000 won as the bill discount from H on September 14, 2004, and paid 36,960,000 won to the deceased as the number of passbooks, and the remaining 36,960,00 won was given to I. The Defendant prepared to deliver the bill discount to H, and the Defendant did not have any obligation to pay the above money to the deceased. Furthermore, the Defendant asserted that the Defendant paid all the amount to the deceased, but the Defendant did not have any obligation to pay it, but there is no other evidence to acknowledge it. Therefore, the Defendant’s above assertion is rejected.

Therefore, the defendant raised an objection from December 25, 2004, which is the day following the due date, to the plaintiff 28,000,000.

유사 판례

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