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(영문) 수원지방법원 2020.05.07 2019가단545559
각서금
Text

1. As to KRW 120,00,000 and KRW 100,000 among them, the Defendant shall pay to the Plaintiff the year from September 1, 2014 to July 23, 2019.

Reasons

1. Basic facts

A. In around 2013, the Plaintiff delivered KRW 100,000,000 to the Defendant through C as futures option investment.

B. On October 19, 2013, the Defendant drafted a letter to the Plaintiff stating that “The amount of KRW 100,000,000 of options investment shall be reduced to KRW 60,000,000 per month, so that at least 10% per month shall be paid, and if 10% per month shall have no profit, it shall be compensated by the principal.”

C. On November 16, 2013, the Defendant drafted a letter stating that “The Plaintiff would pay KRW 120,000,000 with interest and interest KRW 120,000 to the Plaintiff by August 31, 2014.”

(hereinafter “each of the instant statements”). 【No dispute exists concerning the grounds for recognition, entry of Gap evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff 120 million won and delay damages for the principal amount of KRW 100,000,000 among them pursuant to the letter of this case, unless there are special circumstances.

B. As to the judgment on the Defendant’s assertion, the Defendant asserts to the effect that each of the instant claims cannot be responded to the Plaintiff’s claim, since C merely stated that it would be done on the condition that C would pay the money at the time of the next rent, and thereafter, it would be exempt from the obligation to pay money under the instant sheet instead of creating a passbook.

According to the evidence No. 1, the fact that the Defendant opened a new cooperative account on November 27, 2013 is recognized, but such circumstance alone is merely a fact that the letter of this case contains an intentional obligation.

It is insufficient to recognize that the Defendant exempted the obligation to pay under the instant notes instead of opening the said account, and there is no evidence to acknowledge otherwise.

C. Accordingly, the Defendant’s original copy of the instant payment order from September 1, 2014, with respect to KRW 120,000,000 for the Plaintiff as well as KRW 100,000 for the principal among them.

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