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(영문) 대전지방법원 2019.10.23 2019가합100169
약정금
Text

1. The Defendant’s KRW 300,000,000 as well as 15% per annum from December 6, 2018 to May 31, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The relevant Defendant lived with the Plaintiff from August 2012 to December 2016, and operated a mutual business entity called “C” by lending the Plaintiff’s name.

B. On March 24, 2016, the Defendant: (a) drafted a loan certificate in the name of the Defendant stating that “a loan of KRW 100 million from the Plaintiff is unreasonable; (b) the principal will be repaid in installments each month; and (c) any disadvantage would be borne if the loan is not performed; and (d) issued it to the Plaintiff.” (b) On March 29, 2016, the Defendant drafted a loan certificate with the following content (hereinafter “the loan certificate in this case”) and issued it to the Plaintiff.

Amount: I have regularly borrowed the above amount of KRW 300,000,000 to the Plaintiff and promised to repay it until April 1, 2021.

The obligation is to be repaid in installments at the end of each month. If the obligation is not satisfied each month, it is confirmed that there is no civil or criminal objection.

3) On December 5, 2016, the Defendant prepared and delivered a written performance of the commitment as follows to the Plaintiff. The Defendant was only the Plaintiff on May 14, 201 and became divorced from the Plaintiff. In the process, the Defendant promised to take responsibility for the child support of the Plaintiff to facilitate divorce. From August 2012, a de facto marriage was maintained in that process, the Plaintiff was unable to engage in financial transactions due to the decline in credit, and the Plaintiff’s house deposit, loan, and loan (including those brought at her husband’s family) amount to KRW 150 million. In addition, on December 2, 2016, the amount of taxes in arrears reaches KRW 1,000,000,000,0000 (including KRW 6 million,000,000,000,000,0000,000,0000,000,000 won and KRW 5,000,000,000).

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