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(영문) 대구고등법원 2017.01.18 2015나2226
대여금등
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.

Reasons

1. The fact that there is no dispute C was a professional camping player belonging to the E-gu team in the United States, and the defendant was a transfer of C, and the plaintiff is a father of C.

2. Part on claim for agreed amount

A. 1) On September 23, 2003, the Plaintiff lent KRW 50 million to the Defendant (Evidence 1, No. 1). On December 18, 2003, the Defendant agreed to receive the said money from C to the Plaintiff (Evidence 2-1, No. 2), while receiving a request from the Plaintiff to transfer USD 58589.94 (Korean Won KRW 70 million) from the Plaintiff, but did not transfer the remaining money to the Plaintiff on December 2003, 200, KRW 15 million and the remaining money received from the Defendant did not transfer the money to the Plaintiff. 2) On September 20, 2006, the Defendant agreed to receive KRW 105,000,000 from the loan amount of KRW 37,000,000,000 from the loan amount of KRW 50,000,000 from September 23, 2003 (Evidence 1,2003).

(B) Around 2008, the Plaintiff filed a criminal complaint against the Defendant as a crime of fraud. On September 17, 2008, the Plaintiff and the Defendant jointly filed a criminal complaint with the Defendant “a letter of revocation of the complaint” (Evidence A 3-2, hereinafter referred to as “the letter of revocation of the complaint”).

The plaintiff prepared a complaint against the defendant, and the plaintiff revoked the complaint against the defendant. The plaintiff withdraws the complaint on condition that the commitments as follows are fulfilled with respect to the case of complaint filed with the defendant. - The defendant, the defendant, who is the defendant, shall pay to the plaintiff, who is the complainant, all of the amounts by March 30, 2009. In addition, the incidental expenses (including interest) arising therefrom shall be additionally paid to the complainants. The principal: 95,00,000 won shall be paid to the defendant's name and seal, the defendant's signature and seal (if there is no ground for dispute over the recognition, evidence No. 1 through 3-2, evidence No. 2, and the purport of the whole pleadings and arguments No. 2, which are the whole purport of arguments.

B. According to the above facts of recognition, the defendant is currently liable to the plaintiff as of September 20, 2006.

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