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Reasons
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(영문) 인천지방법원 2017.08.10 2017가단213578
약정금
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendants: (a) around August 2012, 201, at the gambling place established by the Defendants (hereinafter “the Defendants”); and (b) the Plaintiff lost money.

B. On August 26, 2012, the Defendants: (a) acknowledged the fact that the aforementioned gambling result constituted fraud; (b) concluded an agreement with the Plaintiff to return KRW 120 million that the Plaintiff lost in the said process (hereinafter “instant agreement”); and (c) delivered the same to the Plaintiff.

C. After formulating the instant agreement, the Defendants returned KRW 25 million to the Plaintiff, and Defendant B prepared and issued a loan certificate stating that the Plaintiff would pay KRW 30 million to the Plaintiff in installments at KRW 1.5 million on the 15th day of each month (hereinafter “instant loan certificate”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including additional number), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s primary assertion 1) around 2012, the Plaintiff and the Defendants engaged in gambling several times, and was damaged by the Defendants’ fraud. The Defendants agreed to pay the amount of KRW 120 million to the Plaintiff with the money that the Plaintiff lost during the period around August 26, 2012. However, the Defendants paid only KRW 25 million out of the above amount. As such, the Defendants are obligated to pay the Plaintiff the remainder of KRW 95 million. 2) Even if the Plaintiff’s primary assertion was not accepted, the Defendants were to additionally prepare a loan certificate (No. 4) after the agreement on the return of KRW 120 million and return it to the Plaintiff. Thus, the Defendants are obligated to pay the Plaintiff KRW 30 million.

B. 1) Determination No. 1 as to whether the Defendants committed fraud against the Plaintiff (the entry of the instant agreement alone) was made by the Defendants against the Plaintiff.

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