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(영문) 서울중앙지방법원 2016.01.29 2015가합24091
손해배상금
Text

1. The Defendant’s KRW 298,100,000 as well as 5% per annum from September 15, 2015 to January 29, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On November 26, 2009, the Plaintiff and the Defendant received KRW 1.8 million from the Defendant to pay KRW 75 million as investments, and received KRW 1.8 million monthly payments from the Defendant. The principal shall be paid KRW 1,562,500 on the 25th of each month; ② January 15, 2010, the Plaintiff paid KRW 200,000 as investments and paid KRW 5,100,000, plus the principal and interest of KRW 48 divided principal and interest, monthly earnings, and KRW 30,000,000 as investments and KRW 24,000 on September 1, 2010, the Plaintiff was paid KRW 1,70,000 as investments and KRW 30,000 on the 30th of each month, and the Plaintiff was paid KRW 30,000,000 as investments and interest on the 30th of each month.

B. On July 27, 2014, the Defendant drafted a letter stating that “the Plaintiff will repay the amount borrowed from the Plaintiff from August 2014.” On January 23, 2015, the Plaintiff and “the Defendant shall settle the Defendant’s debt to the Plaintiff at a total of KRW 300 million, and shall pay KRW 50 million ( KRW 10 million for three months from February 25, 2012, and KRW 250 million around May 2015, and shall pay KRW 250 million each month from June 6, 2015 to December 25, 2017” (hereinafter “instant debt repayment agreement”).

【Ground for recognition】 The fact that there is no dispute, Gap's 1, 2, Eul's 1, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. In light of the relationship between the original defendant as follows, the progress of the agreement, and the process of the formation of the agreement of this case, which are acknowledged in the facts acknowledged earlier, the plaintiff and the defendant shall settle the balance at KRW 300 million.

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