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(영문) 대전지방법원 공주지원 2018.08.22 2017가합20506
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 5,00,000,000 and the interest rate of KRW 15% per annum from June 24, 2017 to the date of full payment.

Reasons

1. Basic facts

A. A. Around 1995, the Defendant: (a) intended to borrow money as collateral and borrowed money from the Deceased-gu Seoul Special Metropolitan City E prior to E, Seojin-gu and 264 square meters prior to F. 264 square meters (hereinafter “instant land”); (b) borrowed money from the Deceased, but did not repay the money; (c) each of the instant land was voluntarily sold to a third party on February 19, 199 and the auction was conducted around February 19, 199.

B. Around June 29, 1999, the Defendant written a letter to the Deceased, stating that “1. The Defendant, on June 29, 199, shall repay all borrowed money borrowed from the Deceased to him/her within six months after his/her release. 2. At the time of Jeonju, he/she provided by the Deceased to him/her, he/she shall re-purchase 2 items on G (the land in this case) within one year after his/her release and return them to DC. 3. Each of the above contents shall be held liable for civil and criminal liability if he/she fails to perform his/her promise.”

C. Around 2006, the Defendant endorsed the Defendant’s partial repayment of the Defendant’s debt to the Deceased, etc. on September 30, 2005, which was issued by H Co., Ltd., the Defendant’s management, on one promissory note of which “the date of issuance is September 30, 2005; the payee I Co., Ltd.; face value KRW 4,00,000,000; and the date of payment.” and delivered it to the Deceased.

The Deceased received KRW 500,000,000, which is a part of the face value from the Defendant on the date of the payment of the Promissory Notes, and the due date was changed several times at the Defendant’s request, and the due date was eventually July 4, 2006.

After the deceased presented the above promissory note to a creditor bank, but the payment was refused on the ground of the excess of the payment time limit, the deceased filed an application against the defendant for a payment order claiming the payment of the remaining amount of KRW 3,500,000 with the Seoul Central District Court (2006 tea 106501). On February 6, 2007, the debtor (the defendant) from the above court applied for the payment order of this case to the creditor and the original copy of the payment order of this case.

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