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(영문) 서울동부지방법원 2019.05.02 2017가단144896
기타(금전)
Text

1. The Defendant shall pay to the Plaintiff KRW 93,60,000 and the interest rate of KRW 15% per annum from December 2, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff joined several circles organized by the Defendant from around 2005, and was not paid part of the fraternity from the Defendant.

The Plaintiff also lent money to the Defendant in a way that the Plaintiff did not receive the payment due from the Defendant.

B. On March 27, 2015, the Defendant: (a) drafted and issued a loan certificate stating that “a loan shall be borrowed KRW 10 million; and (b) on March 27, 2015, the Defendant drafted and issued a 4.5 million loan certificate stating that “a loan shall be borrowed in KRW 4.5 million with respect to the Plaintiff’s deposit amount that shall be returned due to the 16th Haman’s strike.”

(hereinafter referred to as “the instant loan certificate”) C.

In addition, on September 7, 2017, the Defendant: (a) each written statement of the following terms: (b) on September 7, 2017, the Defendant promised to pay the unpaid amount to the Plaintiff as soon as possible, and (c) on September 25, 2017: (a) each written statement of the following terms: (a) “The interest shall be paid as soon as possible per month; (b) the payment of the interest shall be made as soon as possible per month; and (c) on December 22, 2018, each written statement of the following: (a) “The interest shall be paid as 1.5 million won per month; and (b) the interest shall be paid as soon as possible as possible per month; and (d) the amount of interest shall be paid as 1.5 copies per month.”

hereinafter referred to as the "written statement of this case" is the letter of this case.

(D) On the other hand, the Defendant was indicted for three years of imprisonment with prison labor on December 13, 2018 and was convicted on the charge of fraud, including the fact that there was no dispute over the grounds for recognition, the entries in Gap evidence 1 through 6, and the purport of the entire pleadings, as a whole, even though he did not have any intent or ability to pay the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment from the members of the fraternity from around 2014, and was convicted of three years of imprisonment with prison labor on December 13, 2018.

2. The assertion and judgment

A. The Defendant asserted that the Plaintiff did not pay to the Plaintiff and settled the accounts.

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