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(영문) 서울동부지방법원 2015.01.13 2014가단30880
각서금
Text

1. The Defendant shall pay to the Plaintiff KRW 38.6 million with interest rate of 20% per annum from May 25, 2014 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On October 11, 2012, the Defendant: “I, on October 201, pay the Plaintiff KRW 41 million up to October 25, 2012 (the first: 50%, the second: 50%, the first: November 15, 201); if I would not raise an objection, and will not fulfill the civil and criminal responsibilities.”

B) The Defendant prepared and proposed the instant payment note. The Defendant paid each of the Plaintiff KRW 90,000,000 to the Plaintiff on June 4, 2013, and KRW 150,000 on June 20, 2013. [Grounds for recognition: entry of evidence No. 1 and the purport of the entire pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 38.6 million won (41 million won - 2.4 million won) with the agreed amount based on the instant written statement of payment and damages for delay calculated at the rate of 20% per annum from May 25, 2014 to the day of full payment, as requested by the plaintiff, from May 25, 2014 to the day of full payment.

B. The Defendant’s argument regarding the Defendant is merely KRW 13.8 million, and paid KRW 33,248,180 in total to the Plaintiff from July 11, 201 to June 20, 2013. At the Defendant’s on-site office, the Plaintiff demanded the Plaintiff to prepare a written statement of payment requested by the Plaintiff while the Plaintiff’s spouse becomes aware of the fact that the Plaintiff’s spouse had terminated his/her spouse’s installment savings in his/her name and paid it to the Defendant. The Defendant rejected the statement of payment and forced the employees to prepare a written statement of payment in this case by threatening his/her employees to know all facts. However, there is no evidence to acknowledge that the Defendant drafted a written statement of payment in this case due to the Plaintiff’s coercion.

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