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(영문) 부산지방법원 서부지원 2018.09.14 2018가단2736

약정금

Text

1. The Selection C shall pay to the Plaintiff KRW 130,00,000 and the interest rate of KRW 20% per annum from June 6, 2008 to the day of full payment.

Reasons

1. Basic facts

A. The network E (hereinafter “the deceased”) is the Defendant (Appointed Party) B (hereinafter “Defendant”) and the Appointor D and C’s mother.

B. (1) On April 14, 2008, the Deceased prepared a notarial deed stating that “The Deceased shall have the obligation of KRW 130 million to the Plaintiff as a notary public’s F Office No. 168 on April 14, 2008 between the Plaintiff and the Plaintiff, and that “The Deceased shall have the obligation of KRW 130,000,000,000 to the Plaintiff, and shall pay the Plaintiff by June 5, 2008, and shall pay damages for delay calculated at the rate of 20% per annum if it is delayed. The Appointed C shall be a joint and several surety” (hereinafter “notarial deed of this case”).

(2) On the other hand, the notarial deed of this case states that "the power of representation on commission is recognized by the power of attorney attached to the certificate of personal seal impression of the principal."

C. On September 2, 2011, the Deceased died and jointly succeeded to his/her property as the shares of the Defendant, Appointor D, and C, each of whom is the deceased’s children.

The deceased and the above co-inheritors did not perform their obligations under the notarial deed of this case.

【Ground of recognition】 The fact that there has been no dispute, Gap 1's evidence, Eul 1's evidence, and the purport of the whole pleading

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Plaintiff is obligated to pay (i) the Selection C shall pay the amount of joint and several liability 130,000,000 won under the instant notarial deed, and damages for delay calculated by the rate of 20% per annum from June 6, 2008 to the date following the due date of full payment. (ii) The Defendant and the Selection D shall be jointly and severally with the Selection C to pay damages for delay calculated by the agreement of 20% per annum from June 6, 2008 to the date following the due date of full payment.

3. Determination as to the assertion between the defendant and the designated parties

A. The Defendant and the designated parties against the assertion of inherited qualification acceptance are against the Deceased.