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(영문) 서울중앙지방법원 2013.10.24 2012가단248523
약정금
Text

1. The Defendant’s KRW 100,000,000 as well as 5% per annum from August 30, 2006 to January 14, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. Nonparty C, while working as a marina at an entertainment establishment operated by the Plaintiff, had a total of KRW 700 million liability, such as the deposit to be paid to the Plaintiff and the obligation to guarantee the prepaid debt of other employees, etc.

B. Accordingly, in order to guarantee C’s above obligation, the Plaintiff demanded C to prepare a payment note in the name of the Defendant who was the spouse of C at the time, and C, around January 2, 2006, prepared and received from the Defendant the following payment note (hereinafter “instant payment note”) and delivered it to the Plaintiff around that time.

- The above amount shall be paid to the plaintiff KRW 270 million by January 27, 2006 and the remaining amount shall be paid KRW 430 million by February 28, 2006, respectively.

On May 29, 2006, C, jointly with the Defendant, issued a promissory note (hereinafter “instant promissory note”) with the Plaintiff as the addressee, with the face value of KRW 700 million, and the due date of August 29, 2006, and the notary public drafted a notarial deed as to the said Promissory Notes (hereinafter “instant notarial deed”) with the No. 59 of May 30, 2006.

Afterward, C repaid to the Plaintiff the amount equivalent to KRW 60 million out of the above 700 million debt to the Plaintiff around September 2006.

[Reasons for Recognition] A without dispute, Gap evidence 12, Eul evidence 34, witness C's partial testimony, the purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion asserts that the Plaintiff is liable to pay KRW 700 million to the Plaintiff, and that, as the Plaintiff issued and delivered the Promissory Notes causing KRW 700 million at par value, the Defendant is liable to pay KRW 700 million to the Plaintiff, which is part of the Plaintiff’s claim for KRW 100 million.

(b) Determination Doctrine, disposal documents.

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