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(영문) 의정부지방법원 2018.06.29 2017가합52832
약정금
Text

1. The Defendant: (a) KRW 300,000,000 for the Plaintiff and 6% per annum from April 16, 2014 to July 29, 2017; and (b) July 30, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on June 22, 1995.

The defendant is the child of C, and the plaintiff is the defendant's father.

Agreements

1. The defendant agrees to promptly arrange the plaintiff to pay KRW 300 million to the plaintiff as soon as possible.

Provided, That the payment deadline shall be three years.

2. The defendant shall pay 1.5 million won to the plaintiff every interest month on KRW 300 million.

3. The Plaintiff does not demand for any violence or payment to C during the three-year payment period.

4.In the event of a breach of the provisions of paragraph 2, this Agreement shall be null and void.

5.Any person who violates any provision above shall be null and void in the agreement, and any person who violates such provision shall be liable for any civil or criminal liability.

6. The above contents are affixed with the official seal affixed between the Plaintiff and the Defendant at the time of agreement, and this agreement is proposed from the time of agreement.

B. On April 16, 2014, the Plaintiff was issued by the Defendant a written agreement with the following content (hereinafter “instant agreement”) (hereinafter “instant agreement”).

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, and 4 (including satisfy number), witness C's partial testimony, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Defendant did not pay interest to the Plaintiff after the conclusion of the instant agreement. Despite the arrival of April 16, 2017, which was the due date for payment under the instant agreement, the Defendant did not pay KRW 300 million to the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 300 million and the agreed party and damages for delay.

B. The summary of the Defendant’s assertion did not provide for the instant agreement, nor did it borrow KRW 300 million from the Plaintiff.

In addition, since the Plaintiff used violence against C or demanded C to provide money, the instant agreement became null and void pursuant to paragraphs (3) and (5) of the instant agreement.

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