(영문) 의정부지방법원 2017.07.07 2017나204088

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(영문) 의정부지방법원 2017.07.07 2017나204088

약정금

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1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1.The following facts do not conflict between the Parties:

Defendant B is the Plaintiff’s words, and Defendant C is the Plaintiff’s spouse as the Plaintiff’s spouse.

B. From March 2009 to April 2015, the Plaintiff deposited KRW 22,220,000 per month to the account in Defendant B’s name.

2. The Plaintiff asserted that the Plaintiff paid KRW 22,200,000 per month to Defendant B, the Plaintiff, from March 2009 to April 2015.

However, on June 7, 2015, Defendant B agreed to return the said money to the Plaintiff, and Defendant B again requested Defendant B to pay the said money on August 15, 2015.

Therefore, there was an agreement between the Plaintiff and Defendant B that Defendant B shall pay the Plaintiff the said KRW 22.2 million.

As such, the plaintiff jointly and severally seek payment of the above agreed amount of KRW 22.2 million and damages for delay against the defendant C, who represented by the daily home company of the defendant B and the defendant B.

3. Determination as to the claim against the defendant B

A. According to the Plaintiff’s written evidence Nos. 8-1 and 13 as to June 7, 2015, according to the Plaintiff’s agreement and the Plaintiff’s written evidence Nos. 8-1 and 13, around June 22, 2015, the Plaintiff asked Plaintiff and Defendant B’s pro-friendly father of the Plaintiff and Defendant B to the effect that “I would have not paid the money since 2009,” “I would like to answer to the purport that D would have not given the money corresponding to D,” “I would have received the money corresponding to the Plaintiff’s agreement,” and the Plaintiff would have agreed to return the money to Defendant B on March 3, 2016, and the Plaintiff would have paid the money accordingly. Accordingly, the Plaintiff would have received the money pursuant to the agreement and would have given the said amount to KRW 222,2200,000,000,000,000,000 won including red ginseng Food and Drug Subsidies’s KRW 2,200,2008.

However, the contents of the above dialogue are limited to the conversation between the plaintiff and D, and the above content certification is also unilaterally made by the plaintiff.

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