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(영문) 서울동부지방법원 2015.11.25 2014가단48171
약정금
Text

1. The defendant shall pay to the plaintiff KRW 45 million within the limit of KRW 70,000,000 and the amount of KRW 45,000 from November 27, 2013.

Reasons

1. Facts of recognition;

A. On May 20, 2013, the Plaintiff agreed to lend C the interest rate of KRW 70 million a year at 30% after the date of the lending (hereinafter “instant lending”). On that day, the Defendant, in relation to the instant lending, prepared a letter of commitment stating that “to pay KRW 70 million to C on the dividend payment date” in relation to the instant lending to the Plaintiff.

(hereinafter referred to as the “instant arrangement”) between the Plaintiff and the Defendant on the basis of the said letter of undertaking.

The Plaintiff subsequently transferred KRW 85 million, including KRW 25 million on May 24, 2013, and KRW 60 million on June 21, 2013, to C as the instant loan and additional loan, with the intention to additionally lend KRW 15 million (hereinafter “additional loan”).

C. On November 26, 2013, C, while paying KRW 45 million to the Plaintiff on November 26, 2013, C designated KRW 15 million among them to cover partial repayment of the principal of the instant loan, KRW 25 million among the principal of the instant loan, and KRW 5 million to cover the instant loan, interest accrued until the date of the instant additional loan, or delay damages.

The Defendant received dividends of KRW 579,105,480 from the date of distribution on December 24, 2013 in the said real estate auction case.

【No dispute over the basis of recognition】In the absence of dispute, Gap evidence Nos. 1 through 3, 6, and 7 (including evidence attached with serial numbers; hereinafter the same shall apply)

2. Determination

A. As to the Plaintiff’s assertion, the Plaintiff asserts that the Defendant is obligated to pay the remainder of the loan of this case KRW 45 million to the Plaintiff according to the agreement of this case and the delay damages therefor.

First, this case.

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