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(영문) 대전지방법원공주지원 2019.08.21 2019가합20036
약정금
Text

1. The Defendant: (a) KRW 246,00,000 for the Plaintiff and 5% per annum from December 13, 2018 to March 28, 2019; and (b).

Reasons

1. Facts of recognition;

A. From August 3, 2018 to August 6, 2018, the Plaintiff remitted money to the Defendant’s bank account several times. From August 3, 2018, the Plaintiff wired total of KRW 45 million on nine occasions on August 3, 2018, and KRW 20 million on three occasions on August 6, 2018.

B. At around September 11, 2018, the Defendant: (a) borrowed the amount of KRW 250 million from the Plaintiff by August 3, 2018; (b) issued a certificate of loan stating that “The Defendant will pay to the Plaintiff the amount of KRW 250 million by October 2, 2018; (c) will not be liable for all civil and criminal charges if the said certificate is not fulfilled; and (d) around November 28, 2018, the written confirmation stating that “The Defendant will be liable for the Plaintiff by December 4, 2018 as promised to the Plaintiff; and (c) at the date of payment, it borrowed the amount of KRW 250 million from the Plaintiff on August 3, 2018, but will not be paid by the date of repayment until August 20, 2018; and (d) it will not be paid by the date of repayment; and (e) it will not be paid by the Plaintiff up to 201.28.18.208.20.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number in the case of additional number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the Defendant agreed to pay KRW 250,000,000 to December 12, 2018 by preparing and delivering the loan certificate and each written confirmation with respect to the amount remitted from August 3, 2018 to August 6, 2018.

Therefore, unless there are special circumstances, the defendant shall be the plaintiff.

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