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(영문) 서울서부지방법원 2021.02.19 2019가단266198
약정금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On September 13, 2016, the Plaintiff received loans of KRW 100 million from a branch of a bank designated by C which was a bank employee, by dividing the principal and interest, from the branch of C bank, and used the said KRW 100 million to D, and D promised D to pay the principal and interest of the loan each month.

However, D did not pay the remainder of KRW 81,00,828 when it repaid KRW 18,99,172, and the Plaintiff did not pay the interest by converting the terms of the installment into the lump-sum installment.

B. D, upon receiving a demand for the repayment of the above loan from the Plaintiff, he/she planned to retire at the C Bank in 2018, and, on January 2019, he/she planned to receive KRW 500 million of retirement pay from the first loan, and upon further lending of KRW 100 million, he/she would be 81,00,828, out of the borrowed money first borrowed, which would be paid 81,000,828 and interest. Therefore, he/she requested to further lend KRW 100,000.

Accordingly, on December 20, 2018, the Plaintiff received a letter of confirmation from a financial institution and received a loan from D on December 21, 2018 and added KRW 100 million to D until December 21, 2018.

(c)

The terms of the defendant's written confirmation are as follows:

1) There is no accusation against D’s honorary retirement pay for more than 50 million and there is no problem for D to receive retirement pay.

2) immediately after D’s retirement pay is deposited into D’s bank account, the Defendant paid KRW 200 million to the Plaintiff’s account (E BankF) as the top priority.

3) Upon the confirmation of deposit, the Plaintiff received a loan for D or repaid all loans on the deposit basis, and refund the difference to D within one week.

4) In the event that the Defendant’s failure to implement the foregoing matters causes economic loss to the Plaintiff, the Defendant shall be held liable for all damages incurred by the Plaintiff.

Where the plaintiff confirms that the above matters have been implemented, he/she shall promptly send the documents or letters verifying that they have been implemented to the defendant.

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