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(영문) 서울고등법원(춘천) 2016.11.09 2016나894
각서금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Judgment on the Grounds of Claim

A. According to the statement in Gap evidence No. 1, the defendant, on March 18, 2013, prepared and executed a statement of payment that "140,000,000 won out of the total amount of KRW 40,000 shall be paid up to June 30, 2013, and the remainder of KRW 100,000,000 shall be paid after consultation (hereinafter "the statement of payment in this case") from the defendant, and the plaintiff paid KRW 11,940,000 out of the agreed amount under the letter of payment in this case (hereinafter "written statement of payment in this case"). The plaintiff and the plaintiff paid KRW 1,940,000 from the "written correction of claim and preparatory document" as of September 30, 2015 to the "written correction and preparatory document" as of May 30, 2013.

② On December 31, 2015, the Plaintiff transferred KRW 300,000 from the “application for change of claim and cause of claim” to C’s account on March 24, 2012. On March 24, 2012, the Plaintiff paid KRW 60,000 to D’s account by transferring KRW 59,70,000 to D’s account on March 24, 2012. On March 25, 2012, the Defendant transferred KRW 30,00,000 from E’s account to the Plaintiff’s account; the Defendant transferred KRW 2,940,000 from D’s account to the Plaintiff’s account; the Plaintiff received KRW 30,00,000 from F’s account to the Plaintiff’s account; and the Defendant asserted that KRW 62,940,000 was paid to the Plaintiff’s account; and the Defendant paid KRW 2940,000 in the instant case.

③ The Plaintiff paid KRW 8,00,000 to the Defendant around July 17, 2015, in the “Correction of Claim and Briefs” as of September 30, 2015 and “application for Modification of Claim and Claim Causes” as of December 31, 2015.

is the person who has received the payment.

B. Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remaining agreed amount of KRW 128,060,000 (=140,000,000 - KRW 11,940,000) and the delay damages therefrom.

The defendant's assertion that the false declaration of conspiracy against the defendant's assertion is invalid, and the payment of this case is equivalent to KRW 140,000,000 against the defendant at the plaintiff's request to conceal excessive gambling debts of the plaintiff's spouse.

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