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(영문) 서울중앙지방법원 2018.01.29 2017나12324
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. According to the purport of Gap evidence No. 1 and all pleadings as to the cause of the claim, the defendant prepared and delivered to the plaintiff around March 10, 2016 a written statement with the purport of paying KRW 17,500,000 (hereinafter referred to as "written statement of payment in this case") to the plaintiff around March 31, 2016, and the defendant paid KRW 1,200,000 out of the above amount to the plaintiff. According to the above facts, according to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 16,30,000 (17,500,000-1,200,000) based on the written statement of payment in this case and damages for delay at the rate of 15% per annum from June 10, 2016 to the day following the delivery of the original written statement of payment in this case sought by the plaintiff.

2. As to the defendant's assertion and judgment, the defendant concluded a lease contract with the plaintiff's employee and did not conclude a lease contract with the plaintiff's employee, and the payment rejection of this case is merely a form of preparation, and there was an agreement on the rent in arrears between the plaintiff's employee and the plaintiff's employee.

In this case, the plaintiff is now seeking the date of the agreement based on the letter of payment of this case. The defendant's assertion is without merit.

In addition, the evidence submitted by the defendant on the remaining arguments of the defendant is insufficient to admit the defendant's above argument, and there is no other evidence to acknowledge it.

3. If so, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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