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(영문) 수원지방법원안양지원 2020.07.23 2019가합102128
대여금
Text

1. The defendant shall pay to the plaintiff 204,00,000 won with 15% per annum from July 1, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff lent a total of KRW 234 million from April 2018 to October 2018 to C.

C The Plaintiff filed a complaint with C on December 20, 2018 for fraud, fabrication of private documents, and uttering of private document.

B. On January 2, 2019, the Defendant, the mother of the Plaintiff, C, and C, drafted an implementation agreement as follows (hereinafter “instant agreement”).

On the same day, the defendant paid KRW 30 million to the plaintiff.

Performance Agreement Creditor: Principal of C Obligations: 230 million won in 24 million won

1. C deposits KRW 30 million in the following account on January 2, 2019, and the balance 24 billion in the following account shall be repaid by January 31, 2020:

2. The Defendant shall be liable for joint and several sureties’s above debt, and the Defendant shall set up and provide a collateral security of KRW 200 million in order to secure the said debt on the goods owned by the Defendant (as indicated in the attached list; hereinafter “instant real estate”).

3. If any of the above paragraphs 1 and 2 above is not observed, C and the joint and several sureties shall pay to the Plaintiff the total balance of the above principal of the debt at the rate of 15% per annum from the date of failure to perform the above commitment to the date of full payment.

4. On January 2, 2019, the Plaintiff immediately withdraws a civil or criminal application case (Attachment 2, one criminal complaint case) filed by the Plaintiff against C when the Plaintiff deposits KRW 3,000 to the Plaintiff on January 2, 2019.

5. The matters referred to in the special agreement shall be re- coordinated on June 30, 2020.

The above joint guarantor: the defendant

C. On January 2, 2019, the Plaintiff, C, and the Defendant drafted a notarial deed with the following content as a notary public’s No. 3, 2019.

On January 2, 2019, the creditor of the purpose of Article 1 of the Notarial Deed of Cash Loan Agreement lent KRW 200 million to the debtor, and the debtor borrowed it.

Article 2 Time Limit and Method until June 30, 2020.

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