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(영문) 수원지방법원평택지원 2016.06.16 2016가합8000
약정금
Text

1. The Defendant’s KRW 20,000,000 and the Plaintiff’s annual rate of KRW 5% from December 14, 2015 to June 16, 2016.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are between each other and each other.

B. On February 27, 2006, the Plaintiff purchased, under the name of the Defendant, the navigation gear and navigation gear (DH608-120M, and C) (hereinafter “instant machinery”) on the Defendant’s proposal, and leased the instant machinery to the Defendant from February 27, 2006.

B. On April 12, 2006, the Defendant obtained a collateral loan by means of a mortgage on the instant machinery, and on April 11, 2008, received a collateral loan by again creating a mortgage on the instant machinery.

C. On July 23, 2008, the Defendant repaid the secured obligation of the mortgage as of April 12, 2006 and cancelled the said mortgage.

On October 20, 2010, the Plaintiff changed the name of the instant machine to the Plaintiff, and on April 14, 2011, the Plaintiff added the Plaintiff’s KRW 16 million to the Plaintiff’s KRW 16 million and the KRW 20 million received from the Defendant to the Defendant, on April 11, 2008, repaid the secured obligation of the mortgage and cancelled the mortgage.

E. On March 14, 2014, the Defendant drafted an agreement with the Plaintiff stating that “the amount of KRW 100 million for the total amount of KRW 100 million that has not been paid on the spot conditions shall be paid in equal monthly if the circumstances leave,” and concluded that the Defendant would be paid in equal annual installments (hereinafter “instant agreement”).

F. On March 14, 2014, the Defendant drafted a loan certificate stating that “the sum of KRW 100 million and KRW 20,000,000 in total shall be paid by up to six months after the issuance of the bill” (hereinafter “the loan certificate of this case”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 is that the Defendant paid monthly rent of KRW 10 million to the Plaintiff. From February 2006 to December 201, the Plaintiff leased the instant machinery from the Plaintiff from February 2006 to the Plaintiff, and the Plaintiff did not pay the rent of KRW 320 million in total.

As to this, the Plaintiff made a reduction of the rent to pay KRW 100 million to the Defendant, and the Defendant made and issued the instant agreement, so that the Defendant is in accordance with the instant agreement.

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