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(영문) 서울고등법원 2018.12.21 2018나2040738
청구이의
Text

1. The judgment of the court of first instance is modified as follows.

A notary public of the defendant against the plaintiff on June 2014 by C.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, and G, in carrying out the Gyeonggicheon-gun Development Project and Mining Project (hereinafter “instant project”), drafted a written agreement with the Defendant and G on June 18, 2014, with the following content: (a) the Plaintiff borrowed KRW 600 million from the Defendant and G for permission for mountainous district conversion; and (b) the Plaintiff borrowed KRW 600 million from the Defendant and G:

(hereinafter “instant agreement”). The Plaintiff, the Defendant, and G agree to lend KRW 600 million, which is essential for the implementation of the Plaintiff’s agreement (No. 3) and the Plaintiff’s Gyeonggi-gun D and E mining right, and H’s business plan, for the conversion of mountainous district, KRW 600 million, which is essential for the conversion of mountainous district, to implement

Agreed Matters

1. The defendant revoked the seizure and waives the collection of KRW 300,000,00 of G deposit, as to KRW 685,00,000, Incheon District Court 2012TTT 11639 and collection order.

2. G shall, after withdrawal of the above deposit, deposit G 375,000,000 won and Defendant 225,000,000 won.

4. Defendant and G agree that the Plaintiff set up a pledge on the deposits deposited in the above distributed shares as deposits for recovery expenses of the I Stock Company.

5. The plaintiff shall pay the amount of the above pledge as follows.

1) The principal amount of KRW 600 million shall be paid in installments on the fifth day of each month from October 5, 2014 to the fifth day of each month. 2) The interest shall be paid in 2% of the remaining amount of the credit on the fifth day of October 5, 2014 for one year from October 5, 2014.

(3) The Plaintiff’s promissory note KRW 225,00,000 with the Defendant as the addressee and KRW 375,00,000,00 each month between October 5, 2014 and October 5, 2014 (except for the first and second months of the same Section) shall be paid KRW 10,00,000 each month. 4) In order to secure the implementation above, the Plaintiff’s promissory note with the Defendant as the addressee as the addressee and with G as the addressee, respectively, notarized.

(No. 5, 2015) When delay of the implementation of each paragraph, the Plaintiff and its joint and several sureties (J) are liable to repay all the remaining amount of the agreed amount in a lump sum (the principal and interest and incentives shall be repaid as well as the principal and interest of the agreed amount and the incentives shall be repaid at a time, and the money shall be paid as soon as two years have been delayed.

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