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(영문) 춘천지방법원 2015.08.25 2015가단2303
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 33,700,000 and interest rate of KRW 20% per annum from March 10, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant is in alliance with the Plaintiff from 2008 to 2013.

On October 2013, 2013, the first police officer and the Plaintiff agreed to pay KRW 35 million to the Plaintiff by December 31, 2014 (hereinafter “instant agreement”).

B. The Plaintiff is a person who was paid KRW 1.3 million out of the instant agreed amount by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 3,770,000,000,000, excluding the remainder of KRW 1,3700,000,000,000, which the Plaintiff was paid by the Defendant, and damages for delay determined at the rate of 20% per annum from March 10, 2015 to the day of complete payment, which is the day following the delivery of the original copy of the instant payment order.

B. The defendant's argument that the defendant would give KRW 35 million to the plaintiff, but this is the defendant's forced payment of KRW 35 million to recover the defendant's credit card used by the plaintiff. Thus, this is the defendant's expression of intention not by coercion or intention, but by coercion. However, there is no evidence to acknowledge it.

(M) According to the statement in Gap evidence No. 1, the defendant sent to the plaintiff a letter letter stating that "I want to pay the money promptly if you move to the plaintiff" in relation to the contract amount of this case around December 1, 2013. Therefore, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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