(영문) 수원지방법원 2016.10.06 2016가단10212

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(영문) 수원지방법원 2016.10.06 2016가단10212

각서금

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1. The Defendant shall pay to the Plaintiff KRW 29,642,550 as well as 29% per annum from August 5, 2014 to the day of complete payment.

Reasons

On December 3, 2013, the fact of finding the plaintiff's cause of action (hereinafter referred to as "the agreement of this case") was prepared to the effect that on December 3, 2013, the defendant agreed to pay the plaintiff the amount of arrears at the time of overdue payment of the plaintiff's installment.

② On December 4, 2013, the Plaintiff entered into a loan agreement with A, 35 million won for loans, 36 months in installment period (payment of KRW 1,281,190 each month), interest rate of 18.9% per annum, and 29% per annum in overdue interest rate, and paid a loan to A.

③ From August 4, 2014, A lost the benefit of time due to the overdue payment.

④ At present, A bears the Plaintiff’s obligation at the rate of KRW 29,642,50 per annum and 29% per annum from August 5, 2014 to the date of full payment.

[Ground of recognition] In the absence of dispute, each entry of Gap 1 through 5, and the purport of the entire argument, it is reasonable to view the agreement of this case as an agreement that the defendant guaranteed the obligation of the plaintiff to the plaintiff of this case as a condition suspending the overdue payment or to take over the installment.

Therefore, the defendant is obligated to pay to the plaintiff 29,642,50 won and damages for delay at the rate of 29% per annum from August 5, 2014 to the date of full payment.

As to the defendant's defense, since the defendant prepared a formal written confirmation at the plaintiff's request without a genuine intent of repayment, the agreement of this case is effective even if the defendant knows that the expression of intention is not a true intention, Article 107 (Voluntary Declaration of Intention) of the Civil Act.

However, if the other party knew or could have known that he was not a witness, it should be null and void.

Article 108 (Fictitious Declaration of Intention in Fictitious Act) (1) A false declaration of intention in collusion with the other party shall be null and void.

The purport of invalidation is that it is invalid.

However, the evidence presented by the Defendant alone is presented.

유사 판례

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