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(영문) 대구지방법원의성지원 2016.11.09 2015가단1873

청구이의

Text

1. No. 106, 2014, No. 106, which is the defendant's notary public against the plaintiff by the defendant.

Reasons

1. On May 28, 20120, the construction price (including value-added tax) of the construction site for the contractor on the date of concluding the contract number contract was merged into F land on September 26, 2013, around June 2013 to June 5, 2013, between CF large scale 431 square meters and G large scale 180 square meters on September 26, 2013. < Amended by Presidential Decree No. 24745, Sep. 26, 2013>

1,648,075,000 won from September 12, 2013 to June 30, 2014; 3,754,300,000 won

A. The Plaintiff and C entered into the following contract with D Co., Ltd. (hereinafter “D”) as to the construction of an aggregate building (hereinafter “the instant construction”) purchased by borrowing KRW 100,00,000 from D and purchased by C from D, respectively, (hereinafter “the instant construction”).

B. D commenced the instant construction in accordance with the foregoing contract, but suspended the construction on January 2014, and thereafter on April 28, 2014, the Plaintiff and C’s agents: (a) drafted a memorandum of waiver of construction; and (b) H entered into two debt repayment agreements on KRW 110,000,000 in total with the D representative director I on the same day; and (c) drafted two copies of notarial deeds to I as follows.

A creditor of the authentic deed mentioned in Paragraph (1) of this Article (hereinafter “notarial deed”): A debtor: 5,00,000 won for a loan and construction payment due date: 27,500,000 won shall be repaid until June 10, 2014; and 27,50,000 won shall be repaid until July 20, 2014.

Interest: (Public Notice) Damages for delay: If the debtor delays the repayment of the principal or interest above, damages for delay shall be paid to the creditor at the rate of 20% per annum on the delayed principal or interest.

No. 105 (hereinafter referred to as "Notarial Deed") No. 105 (hereinafter referred to as "Notarial Deed") of 2014, a notary public is the same as the entry of the No. notarial Deed in this case, unless the debtor is C.

C. The Plaintiff and C totaled the instant construction work for the Daesan Comprehensive Construction Co., Ltd. (hereinafter “Masan Construction”) on the same day.