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(영문) 수원지방법원안산지원 2020.01.10 2019가단2384

청구이의

Text

1. The Defendant’s notary public against the Plaintiff is a notarial deed No. 80, 2013, drawn up by Law Firm C on February 21, 2013.

Reasons

1. Basic facts

A. On February 21, 2013, the Plaintiff prepared a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) No. C (No. 80) on February 21, 2013 in order to guarantee the obligation for unpaid debts, etc. after being supplied with goods by the Defendant from around February 2013, and the main contents are as follows.

Article 1 (Purpose) The obligee (Defendant) lent KRW 50 million to the obligor (Plaintiff) on February 1, 2013, and the obligor borrowed it.

Article 2 (Period and Method of Performance) The payment key shall be July 1, 2013.

Article 3 (Interest) No interest shall accrue.

When a debtor delays the repayment of principal or interest, Article 5 (Compensation for Delay) shall pay damages for delay at the rate of 20.1% per annum on the delayed principal or interest.

Article 9 (Recognition of Compulsory Execution) When an obligor has failed to perform a pecuniary obligation under this contract, the obligor recognized the absence of objection immediately even through compulsory execution.

B. On March 15, 2018, the Defendant supplied goods to the Plaintiff pursuant to the above supply agreement, and agreed as follows:

(hereinafter referred to as the “instant arrangement”). E Company D shall pay to F Company B (Defendant) the outstanding amount of KRW 30,000,000 and the estimated amount of KRW 6,000,000,000 in total.

(hereinafter below) The method of payment is: ① 6,00,000 won by March 31, 2018; ② 10,000,000 won by April 30, 2018; ③ 10,000,000 won by May 31, 2018; and ④ 10,000,000 won by June 30, 2018.

C. On February 2019, the Plaintiff was prepared and issued a confirmation statement of the facts as follows.

On March 7, 2018, I agreed to acquire 36,000,000 won by aggregating B’s claims and the acquisition amount of equipment.

The acquisition of equipment: A(Plaintiff) shall agree to acquire bonds of KRW 20,298,446, G5,658,021, H2,213,442, I 1,281,050, and KRW 30,735,513,000, in total amount of KRW 30,000,00, which is incurred while operating the F Company.