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(영문) 창원지방법원진주지원 2020.04.28 2019가합237
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 28, 2018, when the Defendant was indicted for assaulting and injuring the Plaintiff, C (hereinafter “C”), which was a co-defendant of the Defendant’s child, prepared each of the following contents (hereinafter “each of the instant notes”) with a view to concluding an agreement with the Plaintiff, the victim of the instant case, on May 28, 2018, on the grounds that he/she was accused of assaulting and injuring the Plaintiff, and issued each of the following documents to the Plaintiff, accompanied by a certificate of personal seal impression between the Defendant and C:

Each case number: I, respectively, letter, on the agreement case of injury case 2018 Godan155.

By 2013 to 27 May 2018, all physical damage, mental damage, violence, etc. will be responsible, and if the mother of the low will be responsible for them, the mother of the lower will not be able to more than ice in front of A, and will be legally punished at the time of bullying by letters or telephone.

I, as soon as possible, undertake 1 billion won until December 2018.

In each of the above letter C (Signature) dated May 28, 2018, respectively, becomes legally effective.

B. On the same day, the Plaintiff prepared the instant written statement and submitted a written agreement in the instant criminal trial case, and C was sentenced to a judgment suspending the execution of imprisonment on May 29, 2018, the following day, and the said judgment became final and conclusive on June 6, 2018.

C. Of the instant lawsuit, the conciliation was concluded between C and the Plaintiff on September 16, 2019, that “C shall pay the Plaintiff KRW 200,000,000 and damages for delay at the rate of 12% per annum from October 1, 2019 to the date of full payment.”

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion (1) The defendant agreed to pay the agreed amount under the letter of this case to the plaintiff with C, who is the subject of preparing the letter of this case. In accordance with the letter of this case, the above is applicable.

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