(영문) 부산지방법원서부지원 2017.10.20 2017가단1859

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원서부지원 2017.10.20 2017가단1859

대여금

Text

1. Of the instant lawsuit, the part on the claim for loans of KRW 15,000,000, based on the Quamo on June 2, 2016, shall be dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant came to know of the relationship between the fraternity and the fraternity, and continued to engage in money transactions from 2007 to 2017.

B. As of June 2, 2016, the Defendant drafted and delivered to the Plaintiff a medal (Evidence A No. 1; hereinafter “instant medal”) stating that “the Plaintiff and the obligation relationship shall be arranged as non-existent and the remainder of KRW 15 million shall be recognized” (hereinafter “the instant medal”).

C. On April 9, 2017, the Plaintiff and the Defendant drafted a written agreement (Evidence A2, hereinafter “the instant agreement”) and signed and sealed each of them, and the Plaintiff received KRW 50 million as of March 26, 2017 (Defendant A) and KRW 30 million as of April 9, 2017. (Plaintiff A) promises to pay KRW 20 million as of April 10, 2017 and KRW 30 million as of December 30, 2018 with respect to the Plaintiff and the Defendant’s debt relations from 2007 to April 9, 2017, stating that the agreement not to raise any objection to criminal charges against the Plaintiff and the Defendant’s debt relations is null and void.

As indicated in the instant agreement, the Plaintiff remitted KRW 50 million on March 26, 2017, and KRW 30 million on April 9, 2017 to the Defendant’s account, as indicated in the instant agreement. After formulating the instant agreement, the Plaintiff wired KRW 20 million on April 10, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Gap evidence 4-1 to 3

2. The Plaintiff’s determination as to the legality of the claim for loans based on the instant domains of this case sought payment of KRW 15 million for loans that the Defendant acknowledged on April 9, 2017, while the Plaintiff and the Defendant drafted the instant agreement on April 10, 2017, and the Plaintiff would pay KRW 20 million to the Defendant in the future and KRW 30 million on December 30, 2018 between the Plaintiff and the Defendant, and agreed to settle all debt relations until April 9, 2017 between the Plaintiff and the Defendant and not to raise any civil or criminal objection. Accordingly, the Plaintiff’s loan is granted.

유사 판례

-부산지방법원서부지원 2020.06.23 2018가단8901

-창원지방법원 2020.11.13 2020나50529

-수원지방법원 안산지원 2020.05.07 2019고단1607

-서울서부지방법원 2018.07.17 2018가단204285

-인천지방법원 부천지원 2021.04.23 2020가단116816