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(영문) 대구지방법원 2015.09.22 2015가단9230
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from May 18, 2015 to the date of full payment.

Reasons

1. Around January 2, 2012, the Defendant forged a letter of delegation in the name of the Plaintiff at the Dhap law office located in Jung-gu Daegu-gu, Daegu-gu.

The defendant submitted a forged power of attorney-at-law in the Dhap law office to draw up a notarial deed No. 10 of 2012, which provides that the attorney-at-law in charge of compulsory execution shall be admitted to KRW 100 million.

On September 24, 2013, the defendant submitted to the Daegu District Court a notarial deed prepared as above, and applied for a compulsory auction of real estate E 101 Dong-gu, Daegu-gu, 101 Dong-gu, 601.

Accordingly, the Plaintiff filed a lawsuit against the Defendant for objection against the Daegu District Court 2013dan6030, and on April 29, 2014, the Defendant recognized the Plaintiff’s claim.

When a criminal trial was conducted in the Daegu District Court 2014 Godan1990 case, the Defendant requested the Plaintiff to reach an agreement. On May 8, 2014, a written agreement was concluded with the Plaintiff stating that “The Plaintiff and the Defendant agreed to reach an original agreement, and the Plaintiff would not raise any civil or criminal objection,” and on the same day, the Defendant paid KRW 20 million to the Plaintiff.

On May 8, 2014, the date of the preparation of the above agreement, the Defendant: (a) written a loan certificate stating, “I will borrow KRW 30 million to A; (b) By October 30,000, KRW 30,000 won shall be repaid by not later than December 30, 201; and (c) provided the Plaintiff with the loan certificate stating, “I shall be repaid by not later than December 30, 201.”

On June 12, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and two years suspended execution on the grounds that the Defendant agreed to provide KRW 20 million in the Daegu District Court Decision 2014 Godan1990 as above and agreed to do so.

Meanwhile, in addition to the notarial deed No. 10, 2012, the Defendant drafted a notarial deed No. 1182, 2013, in which the Plaintiff was subject to criminal punishment, as the debtor, as the debtor. The Plaintiff and the Defendant drafted a notarial deed on June 24, 2014.

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