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(영문) 인천지방법원 2015.05.06 2014가단75560
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 20% per annum from February 25, 2015 to the day of complete payment.

Reasons

From January 13, 2013 to the same year with a credit card in the name of the plaintiff, as if the defendant had no intent or ability to pay the credit card price normally and had such intent or ability.

5. Until November 4, 2013, the Defendant used the amount of KRW 11,39,370, and acquired KRW 40,39,370 in total by deceiving the Plaintiff as if the Plaintiff had no intent or ability to repay the borrowed amount, and acquired KRW 5,00,00,00 in terms of the agreed deposit, KRW 14,00,00 in terms of the name of the loan, and KRW 10,39,370 in terms of the name of the loan repayment, and acquired KRW 40,39,370 in terms of the name of the loan repayment. On November 4, 2013, the Defendant agreed to pay KRW 60,00 in terms of the repayment of the borrowed amount to the Plaintiff. The Defendant was indicted with the above court on March 6452, 202, 671 (Fraud) and was sentenced to imprisonment on May 30, 2014 by the lower court on the ground that there was no dispute between the parties concerned with Gap evidence No. 281 and the appeal.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the above agreed amount of KRW 60,00,000 and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 25, 2015 to the date of full payment, which is obvious after the delivery of a copy of the complaint of this case, as claimed by the plaintiff.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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