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(영문) 부산지방법원서부지원 2019.04.19 2018가단111692
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C, with the Plaintiff’s father and father, became aware of the Defendant at his age club, committed an unlawful act by attending a travel with the Defendant on the part of the Defendant, such as a bath guidance and a summer, etc.

At around 2005, C and the defendant prepared a letter to the effect that the occurrence of such a fraudulent act was discovered, and that it would not re-be engaged in a fraudulent act to D.

B. On November 1, 2008, the Plaintiff received the following loan certificates from the Defendant (hereinafter “the instant loan certificates”).

B borrow 90,000,000 won in cash on November 1, 2008 to A, and promise to repay 30,000,000,000 on November 15, 200 to 30,000,000,000.

C. On November 18, 2008, the Plaintiff and D knew that the Defendant had met again with C on the part of the Plaintiff Company, and assaulted the Defendant in front of the Plaintiff Company. As to this, the Plaintiff and D received a summary order of a fine as Busan District Court Decision 2008 High Court Decision 2008 High Court Decision 67896.

D filed a lawsuit against the defendant in Busan District Court Decision 2018Kadan102698 against the defendant, and the decision of recommending reconciliation that the defendant pays the amount of KRW 15 million to D was finalized in the above litigation.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 8 (including paper numbers), the purport of whole pleadings

2. Determination:

A. On November 1, 2008, the Plaintiff appeared to have been present with C on November 1, 2008, and at the time, the Defendant drafted and issued the instant loan certificate to the effect that “I would not meet C and would pay KRW 90 million if C are sent back again.”

However, on November 18, 2008, the Defendant committed an unlawful act by drinking C and sexual intercourse even after having met C.

Therefore, the defendant is obliged to pay KRW 90 million to the plaintiff according to the above agreement.

B. The loan certificate of this case is determined.

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