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(영문) 의정부지방법원고양지원 2016.12.21 2016가단17531
약정금
Text

1. The Defendant’s KRW 5 million to the Plaintiff, as well as 5% per annum from July 8, 2016 to December 21, 2016.

Reasons

1. On February 23, 2016, the basic facts were remitted from the Defendant’s account to the Defendant’s account.

On March 26, 2016, five million won was remitted from the defendant's account to the defendant's account.

The loan certificate (hereinafter “the loan certificate of this case”) written by the Defendant on April 23, 2016 (hereinafter “the loan certificate of this case”) is written as the loan certificate borrowed one million won ( April 28, 2016), and the amount is next to that, stating “additional (20 million)” as follows:

B 【Ground for Recognition: Each entry of Evidence A 1 to 3】

2. The parties' assertion

A. The Plaintiff’s assertion lent three million won to the Defendant three times, and among which, on April 23, 2016, one million won was lent to the Defendant as a check.

Since 5 million won was paid after the payment, the defendant is obligated to pay to the plaintiff 2.5 million won with 15% interest per annum from the day following the service of the payment order to the day of full payment.

B. The Defendant’s assertion that: (a) around March 2016, the Defendant borrowed KRW 1.5 million and borrowed KRW 1.5 million in advance, excluding KRW 1.5 million in advance; (b) the Plaintiff transferred KRW 5 million in advance to N.D.; (c) the Plaintiff and N.N. decided to exclude KRW 300-4 million in the amount of borrowed money at the expense of the Plaintiff and N.S.’s Chinese flight aircraft table and the Chinese guide; and (d) the signature on the instant loan certificate was written by the Defendant, but the additional portion (20 million) is not written by the Defendant.

3. On April 23, 2016, the Plaintiff and the Defendant traded money more than once, and on April 23, 2016, the Defendant issued a certificate of borrowing KRW 1 million to the Plaintiff.

If so, as of April 23, 2016, the obligation and obligation of the Plaintiff and the Defendant, barring special circumstances, shall be deemed to have been settled that the Defendant pays one million won to the Plaintiff.

Furthermore, since the plaintiff is the plaintiff to whom five million won was paid thereafter, the defendant is obligated to pay five million won and damages for delay to the plaintiff.

The plaintiff shall include loans, etc. in addition to the past.

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