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(영문) 수원지방법원안산지원 2016.10.04 2015가단14525
각서금
Text

1. The Defendant’s KRW 70,000,000 as well as 5% per annum from January 1, 2013 to June 22, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff transferred KRW 60,000,000 to C, etc. upon the Defendant’s request that the amount of a promissory note of KRW 60,000 be discounted at around 207, but thereafter, the said promissory note was settled in default.

B. On April 2, 2012, the Defendant: (a) drafted and promised to pay to the Plaintiff KRW 20,000,000,000 to the Plaintiff by May 30, 2012; (b) since May 2012, the Defendant promised to pay to the Plaintiff KRW 20,000,000 each month by the end of May 2012 (hereinafter “each of the instant notes”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the judgment as to the cause of the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 70,000,000, and damages for delay calculated at the rate of 5% per annum under the Civil Act from January 1, 2013 to June 22, 2015, the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

B. As to the judgment of the defendant's assertion, the defendant defense to the effect that he paid part of the amount to the plaintiff. However, according to the evidence No. 1, the defendant's statement of repayment No. 1 can be acknowledged as having been transferred to the preparation of each of the instant statements. In light of such point, it is not sufficient to recognize the defendant's assertion that he paid part of the agreed amount under the letter of this case, and there is no other evidence to acknowledge

Therefore, the defendant's defense is without merit.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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