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(영문) 서울북부지방법원 2017.01.24 2015가단21957
약정채무금
Text

1. The Defendant shall pay to the Plaintiff KRW 85,00,000 and the interest rate of KRW 15% per annum from March 18, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant’s relationship on the part of the Defendant was registered as the representative director of D Co., Ltd. (hereinafter “Nonindicted Company”) operated by the Plaintiff (hereinafter “Nonindicted Company”) by lending the name, and registered his/her retirement on April 11, 201. On March 6, 2012, he/she again registered as the representative director, but registered his/her retirement on December 19, 2013.

On the other hand, E, as the defendant's representative director, has completed his appointment and retirement registration as an internal director on the same date as the defendant's registration.

B. (1) On June 10, 201, the Plaintiff leased KRW 150 million to Nonparty Company, and received a “loan Agreement” (Evidence 5) under the name of Nonparty Company C from Nonparty Company. The column for joint and several sureties’s seal impression is affixed to C and Defendant’s seal impression.

(2) After that, on May 28, 2014, the Plaintiff filed a lawsuit seeking a loan (hereinafter “instant lawsuit”) against Nonparty Company, Defendant, and C in the District Court (2014Gahap4641) (hereinafter “instant lawsuit”) on June 26, 2014.

On July 21, 2014, the defendant served the complaint of the above case, submitted a written answer to the above court.

C. (1) On October 24, 2014, when the instant lawsuit is pending, the Plaintiff prepared an agreement (Evidence 1; hereinafter referred to as the “instant agreement”) stating that “The Defendant, his mother, shall pay KRW 100 million, out of KRW 250,000,000,000 to the non-party company-related company, until November 7, 2014, and KRW 50,000,000,000,000,000,000, not later than December 31, 2014. By the time of repayment, the Defendant shall make a provisional registration on the F land building owned by the Defendant until December 31, 2014. All of the civil lawsuits in the course of delivery are withdrawn.”

The husband E called the defendant in relation to the debt relationship C on the same day.

(2) On October 27, 2014, C issued a certificate of personal seal impression issued by the Defendant himself to the Plaintiff.

The Plaintiff’s loan case on November 5, 2014 pursuant to the instant agreement.

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