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(영문) 대전지방법원천안지원 2016.12.08 2016가단11208
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Written evidence of the basis;

1. The defendant shall pay to the plaintiff KRW 15,000,000.

2. The first 5,00,000 won until December 31, 2000 shall be the second 5,000,000 won until June 30, 2001 until December 31, 200.

3. The plaintiff and the defendant waives any claim other than the agreed amount.

4. Afterwards, the plaintiff and the defendant will not raise any civil or criminal objection.

On May 9, 2000, the defendant issued and delivered the following agreements to the plaintiff on May 9, 200 (hereinafter "the agreement of this case").

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap evidence No. 1 (the same as Eul evidence No. 1) and the purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the Plaintiff had a claim of KRW 30,00,000 on November 9, 1994 with a loan claim of KRW 25,000,000 and litigation cost of KRW 30,000,000 on the part of the Defendant. On May 9, 2000, the Plaintiff agreed to pay KRW 15,00,000 upon the Defendant’s exemption from part of the above obligation under the instant agreement. If the Defendant did not perform his obligation under the said agreement, the Plaintiff agreed to pay the above KRW 30,00,000 and interest thereon from KRW 33% on the part of the Defendant from November 9, 1994. Since the Defendant failed to perform its obligation under the instant agreement, the Defendant is obligated to pay the previous debt amount of KRW 30,00,000 and delay damages to the Plaintiff.

B. We examine whether the effect of partial exemption is lost due to the Defendant’s failure to perform his obligations under the instant agreement. According to the evidence No. 1, the instant agreement prepared by the Plaintiff and the Defendant on May 9, 200 only stated that the Defendant would pay 15,000,000 won in total over three times, and waive any claim other than the agreed amount.

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