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1. The reimbursement contract between the defendant and limited liability company C shall be revoked within the scope of KRW 56,20,000.
Reasons
1. Basic facts
A. The Plaintiff’s claim against C (hereinafter “C”) (hereinafter “instant claim”) entered into a contract with C to install landscaping facilities on August 2015, 2015 (the price is KRW 68,200,000,000).
(2) On July 25, 2016, the lower court rendered a judgment that “C shall pay to the Plaintiff 5% per annum from August 26, 2015 to June 2016, and 12 million won per annum from the next day to the date of full payment,” and that “C shall pay to the Plaintiff 50,000 won per annum from August 26, 2015 to June 20, 2016 and 15% per annum from the next day to the date of full payment.”
The above judgment became final and conclusive around that time.
B. C, on March 25, 2016, prepared and delivered a certificate of borrowed money of KRW 150 million (0.015% of the interest on April 27, 2016) to the Defendant, and on May 20, 2016, written and delivered a certificate of borrowed money of KRW 215 million (0.015% of the interest on May 25, 2016).
C. On May 26, 2016, on May 26, 2016, the Defendant and C and the obligor, against the obligee (Defendant) on May 26, 2016, drafted a notarized deed (Quasi-Loan for Consumption, No. 572, 2016, a notarial deed (Quasi-Loan for Consumption, No. 572, 2016, which provides that “If the obligor fails to perform his/her monetary obligation under this contract, he/she shall immediately be subject to compulsory execution, he/she shall be aware that there is no objection).”
(hereinafter referred to as the “notarial deed of this case.” The contract under the notarial deed of this case is referred to as the “instant debt repayment contract.”
C) On May 30, 2016, G Corporation received contracts from Jinan-gun for construction cost of KRW 198,953,240 on July 28, 2016 as the completion date of the instant construction (hereinafter “instant construction”).
The instant construction contract.