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(영문) 울산지방법원 2015.01.27 2014가단22474
차용금
Text

1. Defendant B (Appointed Party)’s KRW 50,00,000 as well as its annual interest from May 26, 2013 to September 22, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. D managed F Council members in Ulsan-gun E, and Defendant B’s wife, Defendant C’s wife, and Defendant C’s wife.

The plaintiff is a member of the Ulju-gun E operating G. The plaintiff is a member of the F Council.

B. D borrowed a total of KRW 15 million from August 18, 2009 to April 30, 2010 on six occasions from the Plaintiff.

C. As the Plaintiff was unable to receive the above money from D, the Plaintiff filed a criminal charge of fraud with the Ulsan Police Station.

D around May 26, 2012, it was an emergency arrest at the Ulsan Coast Guard. D.

On May 26, 2012, the Defendants drafted each payment note (hereinafter “instant payment note”) stating that “The Defendants promised to pay KRW 50,000,000,000, respectively, to the Plaintiff out of D’s debt by May 13, 2013,” before the Ulsan Police Station.

The plaintiff revoked the complaint against D on the same day.

F. D was declared bankrupt by the Daegu District Court on June 27, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 5, 6, Gap evidence 4-1, 2, the purport of the whole pleadings

2. The Plaintiff asserted that the Defendants are obligated to pay the above money, since the Defendants promised to prepare the instant letter of payment and pay KRW 50,000,000.

Plaintiff

On the assertion, Defendant B led to confession.

Therefore, Defendant B is obligated to pay to the Plaintiff 50,000,000 won and damages for delay calculated by the rate of 5% per annum under the Civil Act from May 26, 2013 to September 22, 2014, the delivery date of a copy of the complaint in this case, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. Claim against Defendant C

A. Defendant C drafted a letter of payment in this case without any experience in imminent circumstances by threatening the Plaintiff to be bound by D. The promise to repay the letter of payment in this case constitutes an unfair juristic act.

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