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(영문) 대구지방법원서부지원 2015.09.10 2014가단31886

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 42,00,000 and each year from November 7, 2014 to September 10, 2015.

Reasons

1. Basic facts

A. On December 27, 2001, the Defendants subscribed to the Plaintiff’s sequence and received KRW 30 million from the Plaintiff, and decided to pay to the Plaintiff KRW 48 million in total by 24 times each month until November 27, 2003.

B. However, until September 16, 2002, the Defendants paid only KRW 12 million and did not pay the remainder of KRW 36 million. The Plaintiff and the Defendants on November 7, 2002, Defendant B paid KRW 34 million to the Plaintiff, and Defendant B paid KRW 6 million to the Plaintiff by November 20, 2002, and the remainder by November 20 to December 24, 2003, respectively, paid KRW 200,000 to the Defendant’s office as a notary public (this law firm’s general law office, No. 622, 200, 622, 202, and 622, hereinafter referred to as the “notarial deed”), and Defendant C prepared a notarial deed with the content that guarantee the Defendant’s above debt by December 24, 200, 2000 won by December 26, 202, 200 and 204, 2016.

Accordingly, the Defendants paid to the Plaintiff a total of KRW 24.5 million from February 11, 2003 to March 24, 2004 (the total amount paid by the Defendants is KRW 4.4.5 million or the details repaid after the execution of the notarial deed No. 622, Mar. 24, 2004). On March 24, 2004, the Plaintiff and Defendant C drafted a “certificate of commitment” as follows with respect to the obligations arising from the notarial deed No. 622, among the obligations due to the notarial deed No. 6. 714, and the obligations arising from March 24, 2004, from March 24, 2004:

(hereinafter referred to as “the instant commitment”). The monthly amount of KRW 1,000,000,000 (one of the total outstanding amounts) from approximately KRW 1,000,000,000 shall be paid every two months, and the principal shall be repaid.