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(영문) 창원지방법원 2020.04.23 2018가단115286
손해배상(기)
Text

1. As to KRW 60,00,000 and KRW 10,000 among them, the Defendant shall pay to the Plaintiff the year from October 1, 2017 to August 12, 2018.

Reasons

1. If the purport of the entire pleadings is added to the statements in Gap's assertion and judgment No. 3, the defendant, in July 2017, prepared and presented to the plaintiff in July 2017 each letter (Evidence No. 3) stating that "the defendant borrowed KRW 60,000 from the plaintiff and has yet to pay 1,340,000 won until September 2017. The defendant shall pay KRW 50,000,000 to the balance of the restaurant business in C: Provided, That the above money shall be paid KRW 2,00,000 per month from August 2017 to the time of repayment, and if not paid until the time of arrears, 15% interest per annum shall be paid until the time of payment and repayment."

According to the above facts, the defendant agreed to pay the above outstanding loan amount of KRW 10 million and the settlement amount of KRW 50 million as stated in the statement, barring special circumstances, the defendant is obligated to pay the plaintiff 10 million with interest rate of KRW 10 million from October 1, 2017 to August 12, 2018, the delivery date of the original copy of the payment order in this case, and 5% per annum under the Civil Act from August 12, 2018, the delivery date of the original copy of the payment order in this case, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment, and 20 million from the settlement agreement in the same business, and 50 million from the settlement date of the settlement agreement to the date of full payment. Thus, the defendant is obligated to pay interest for delay from October 1, 2017 (from August 2, 2017 to the end of September 2, 2015).

(The plaintiff's claim for damages for delay exceeding the above scope of recognition is without merit). Accordingly, the defendant's payment of money on the premise that the defendant should withdraw a criminal complaint on the condition that the defendant should have forced the plaintiff to file a criminal complaint in an imminent situation where the defendant is subject to investigation.

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