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(영문) 수원지방법원 2018.10.16 2017가합21124

청구이의

Text

1. A notary public against the Plaintiff (Counterclaim Defendant) A and the Plaintiff Company B, who was a notary public, on January 9, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. A. Around 2013, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) lent KRW 300 million to E (hereinafter “E”). around that time, E paid the said KRW 300 million as lease deposit to the Plaintiff Company B (Counterclaim Defendant; hereinafter “Plaintiff”) operated by the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”). The Plaintiffs and the Defendant agreed to pay KRW 300 million to the Defendant directly, and entered into a quasi-loan agreement between the Plaintiffs and the Defendant to pay the said KRW 300 million to the Defendant.

B. Accordingly, on January 9, 2014, the Plaintiffs: (a) a notary public borrowed 340 million won from the Defendant jointly and severally on October 1, 2013 to the Defendant as an interest-free loan; and (b) a notary public notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) stating that the payment period of KRW 180 million out of the said KRW 340 million shall be January 20, 2014; (c) the payment period of KRW 160 million shall be February 21, 2014; and (d) the payment period of KRW 160 million shall be 30% per annum.

C. The Plaintiffs failed to pay the Defendant the above KRW 340 million by the date of payment specified in the instant notarial deed, and only partially repaid the amount after the said date.

Accordingly, on April 24, 2014, Plaintiff A and the Defendant confirmed that the remaining amount as of April 23, 2014 out of the obligations on the instant authentic deed was KRW 240 million, and that the due date is KRW 20 million, and the interest up to the due date shall be 20% per annum, and the remaining conditions shall be governed by the instant authentic deed, and “the first settlement agreement” shall be deemed to be “the first settlement agreement”.

From May 20, 2014 to October 20, 2014, Plaintiff A agreed to pay part of the above interest to Defendant KRW 3 million on six occasions each month.

Pursuant to the above agreement, Plaintiff A shall pay to the Defendant six times from June 12, 2014 to October 10, 2014.