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(영문) 광주지방법원 2018.01.24 2017가단510558
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff lent a total of 20 million won to the Defendant as follows.

Japan’s Class 60,000,000 20,000,000 on October 22, 2015, 2015, 20,000,000 on October 22, 2015, 30,000 on October 35, 200,000 65,000,000 on October 30, 2015, 200,000 for 20,000,000

B. On October 20, 2015, the Defendant prepared a written confirmation that “one hundred million won shall be repaid until December 31, 2016, and 100 million won shall be paid by April 30, 2017,” and issued it to the Plaintiff.”

On November 25, 2015, the defendant issued to the plaintiff a letter of delegation to certify a loan for consumption with 200 million won and his certificate of personal seal impression.

C. On January 2, 2017, the Defendant paid only 200 million won principal to the Plaintiff, and did not pay 100 million won dividend.

[Ground of recognition] Facts without dispute, Gap 1, 2, and 3 evidence (including paper numbers), the whole purport of the pleading

2. Assertion and determination

A. The plaintiff's assertion 1) The plaintiff claims the payment of 100 million won in the agreed dividends. 2) The defendant asserts that "the defendant shall pay 100 million won in the written confirmation on the premise that the above 200 million won has been invested in the apartment construction company and the profit has accrued after the completion of the sale of the apartment," and that the construction company did not sell the apartment upon default, and that there was no obligation to pay the dividends.

B. The following circumstances, namely, the Defendant borrowed 20 million won from the Plaintiff and C respectively, and lent 50 million won in total to Hanra Construction Co., Ltd. (the execution company and joint guarantor construction company) by adding 50 million won to the entire purport of the pleadings in the testimony of the witness Eul (including the serial number) and the testimony of the witness C. The Defendant agreed to pay the Defendant KRW 450 million in total by December 31, 2016, the principal amount of KRW 4550 million to the Defendant until December 31, 2016, and the payment of KRW 450 million in total by April 30, 2017.

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