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(영문) 수원지방법원성남지원 2017.07.12 2016가단30417

약정금 등

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 47,924,269 and KRW 47,909,916 among them.

Reasons

1. Facts of recognition;

A. On August 27, 2015, the Defendants: “Defendant B shall pay KRW 47,909,916 to the Plaintiff up to September 30, 2015; in the event of delay in the payment, the Defendants shall pay the unpaid amount by adding a delay damages at the rate of 20% per annum to the Plaintiff; and Defendant C shall be jointly and severally and severally guaranteed the agreement (hereinafter “instant agreement”); and written certifications (No. 1278 of the Ministry of Justice No. 2015, Aug. 27, 2015) notarized the instant agreement.

B. In addition, on August 27, 2015, the Defendants issued and delivered to the Plaintiff a promissory note with the intent to recognize compulsory execution against the instant promissory note (hereinafter “instant promissory note”), at the same time, a notarized deed (No. 491 of August 27, 2015, a notary public drafted a notarized deed (No. 2015, a promissory note No. 491 of the Deed, No. 2015, a notary public) to the effect that the Defendants would recognize compulsory execution against the instant promissory note (hereinafter “instant promissory note”).

C. On November 13, 2015, the Plaintiff was issued a collection order (Seoul Eastern District Court 2015TTT17090) to the Plaintiff, the debtor, Samsung C, and the third debtor, Samsung C, and the National Bank of Samsung C (hereinafter “Korean Bank”), the claim amounting to KRW 13,00,000, the claim amount of the contract amount of this case, the claim amounting to KRW 13,000, and the claim amount to be seized and collected, and the claim amount to be seized and collected against the defendant Samsung C’s national bank, such as wage and other claims against the defendant Samsung C, and the claim amount to be seized and collected. Accordingly, on January 21, 2016, the Plaintiff was issued a collection order (Seoul Eastern District Court 2015TTTTT 17090).

D. In addition, on December 29, 2016, the Plaintiff collected the procedure for compulsory sale by official auction against the real estate amounting to 1,339 square meters prior to D in Gwangju-si owned by Defendant C (Ui District Court Sungnam Branch E, F from 2,860.