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(영문) 부산지방법원 2017.03.02 2016가단317968

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 96,00,000 and the interest rate of KRW 15% per annum from May 17, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff and C are siblings, and D is the Plaintiff’s wife, and the Defendant is the Plaintiff’s Chok.

B. On August 4, 2010, the Plaintiff prepared and issued to E a notarial deed as indicated in Section 2 of the Disposition E (hereinafter “instant notarial deed”) with the debt amounting to KRW 300 million, the end of August 2010 due, and the creditor E with the maturity date.

C. Claims based on the instant notarial deed were transferred in sequence from E to F, G, and the Defendant became the final obligee against the Plaintiff based on the instant notarial deed.

On the other hand, among the plaintiffs, C, D, and the defendants, the attorney-at-law, there have been disputes over delegation of the lawsuit and legal disputes over several years. On November 18, 2014, C filed a complaint against the defendant under eight crimes, including violation of the Attorney-at-Law Act (hereinafter "the above criminal complaint of this case"). On July 30, 2015, the plaintiff filed a lawsuit against the defendant for the exclusion of enforcement of the authentication of this case against the defendant as Busan District Court Branch Branch 2015Kahap1429 (hereinafter "the civil lawsuit of this case").

E. On November 2, 2015, the Plaintiff, D, and C drafted an agreement with the Defendant on the following terms and conditions. In other words, the Defendant drafted, on November 3, 2015, an agreement with the Plaintiff to pay KRW 6 million to the Plaintiff by January 31, 2016 (hereinafter “instant agreement, including two agreements”).

Agreement

1. A (D, Plaintiff, and C) shall withdraw a petition and an objection case while resolving the Defendant’s suppression.

2. The validity of the notarial deed No. 1545, 2010, i.e., the implementation of the above Paragraph 1 by Party A (Defendant) shall cease to exist, and the Plaintiff shall be provided free of charge with KRW 110,000,000 for the purchase of housing funds, terminate the seizure of benefits, and pay all of H’s custody money after June 25, 2015 to the Plaintiff.

F. The instant civil lawsuit is filed within one month after the Plaintiff was absent on the first day of pleading opened on October 8, 2015, and again, the Plaintiff was absent on November 5, 2015 at the second day of pleading opened on November 5, 2015.

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