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(영문) 부산지방법원 2020.07.16 2018가합42289

약정금

Text

1. The Plaintiff, Defendant C and D, jointly and severally, shall be KRW 300,000,000 and the interest thereon from February 2, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On January 30, 2015, the Plaintiff, the NetworkF, and the Defendant C, a notary public at the H office of the law firm, the Plaintiff as the obligee himself, and the networkF as the joint and several surety of Defendant B. Defendant C, as the agent of Defendant B and the principal and the agent of Defendant B, a notary public, drafted a certificate No. 101 in 2015 (hereinafter “instant certificate”). Of the content of the instant certificate, the agreement (hereinafter “instant agreement”) includes the following as the agent of Defendant B, and the signature and seal of the nominal owner is affixed thereon.

D. Drawee

1. Business name: Port entertainment hotel;

2. Place of business: port of call I - port of call - port of summary

1. A shall lend 300 million won to B.

2.B shall use the loaned KRW 300 million only for the above business and shall be paid directly by A to the contractor, design office, tax payment, etc. at the request of B.

In consideration of the principal, interest, etc. and other expenses, a mutual consultation shall be held to repay KRW 400 million and shall be paid at the following time of repayment:

KRW 10 million on April 30, 2015, KRW 100 million on May 30, 2015, KRW 100 million on June 30, 2015.

3.Compensation for damages due to non-performance of the obligation: If B becomes due for repayment, A may make a demand under the following paragraphs 1 and 2, and B shall meet the demand immediately.

(1) Where the amount of redemption is not paid B, the interest of KRW 400 million shall be paid at the rate of 30% per annum with the principal, and in order to implement this, C, the spouse of B, shall transfer the right to the assignment of claims that he/she receives from the Dispute Settlement Council in accordance with the document in Appendix 1, to A.

(2) Upon demand by A, under the condition that A succeeds only to the existing bank loans on the land of this project without requiring additional costs, B shall transfer all the rights, such as the transfer of the land of this project and the business rights, superficies, etc. on the land of this project.

Omission A (personal information omitted, hereinafter the same shall apply) B C, a joint and several surety of K Company B

B. The instant case.