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(영문) 광주지방법원 2020.02.13 2018가합54632
약정금
Text

1. The plaintiffs and the plaintiff (Counterclaim defendant) E's counterclaim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The relationship between the parties 1) Plaintiff A, E, and C is between siblings, and Plaintiff B is the spouse of Plaintiff A, and Plaintiff D is the father’s wife of Plaintiff E. 2) The network K is a person who was in a de facto marital relationship with Plaintiff E. The Defendants are children of the network K.

B. 1) On October 25, 2017, J drafted a notarial deed of monetary loan agreement No. 560 of L, No. 560 of 20,000,000 won from the deceased K on October 25, 2017, with the effect that “J shall borrow 420,000 won from the deceased K on October 25, 2017, with the due date set at 24% per annum,” with the content that “J shall draw up a notarial deed of monetary loan agreement No. 560 of 2017 (Evidence No. 7-1 of No. 7 of 201 of 2017, Nov. 1, 2017.”

3) On November 30, 2017, J drafted a No. 641 of L/C No. 641 of 2017, “No. 7-2 of L/C No. 641 of 2017 that “J shall borrow KRW 380,000 from the Dong K on November 30, 2017, with interest rate of KRW 24%, each of which shall be fixed and borrowed from the Dong K.” On October 30, 2017, J drafted a No. 641 of L/C No. 641 of L/C No. 201 of 201, Dec. 26, 2017.” On December 26, 2017, J drafted a No. 2787 of L/C No. 277 of notarial deed with the content that “The J shall borrow KRW 500,000 from the Dong K on December 26, 2018.”

5) On January 24, 2018, J drafted a notarial deed (Evidence No. 7-5) of the Monetary Loan Agreement No. 47 of 2018 (No. 7-5 of the said No. 201) by a notary public stating that “The J shall set and borrow KRW 500 million from the Dong K on January 24, 2018 at the maturity of payment on January 25, 2019, and interest rate of 24% each” to the Dong K (hereinafter collectively referred to as “each notarial deed of this case”).

(c)the death of the deceased K;

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