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(영문) 광주지방법원 2018.05.17 2017가단521190
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 127,475,00 and the interest rate of KRW 15% per annum from March 10, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The relevant Plaintiff is the wife of D, who was the president of a medical corporation C (hereinafter “C”), and the Defendant entered into a memorandum of understanding on the acquisition of management rights with D with respect to C.

B. (1) On August 26, 2014, the Defendant and D entered into a memorandum of understanding that D will transfer management rights of C to the Defendant. On August 2014, 2014, when D is detained in a criminal case, the Plaintiff, on his/her behalf, entered into an implementation agreement with the Defendant to implement as provided for in the above memorandum of understanding.

(2) In return for acquiring C, the Defendant agreed to accept C’s debt worth of KRW 4.5 billion and pay D money. On September 11, 2014, the Plaintiff and the Defendant agreed to pay C money in installments by providing the Plaintiff with labor of KRW 400,000,000 as the Plaintiff’s working at the instant oriental medical hospital operated by the Defendant, and by paying wages of KRW 5,00,000 each month between November 20 and June 202, 202.

(hereinafter “instant installment payment agreement”). C.

On September 11, 2014, when preparing the instant notarial deed, the Plaintiff, the Defendant, and F, as well as C’s transfer, prepared a notarial deed on September 11, 2014 with respect to the transfer of D, the Plaintiff, as the creditor, F, as the debtor, and the Defendant, as the joint guarantor, to pay KRW 200,000,000, out of the amount of KRW 400,000,000 lent to F, March 13, 2014, as the Plaintiff’s notarial deed, until December 31, 2015, and the rest amount of KRW 20,00,000,000, as well as June 30, 2017, the notary public drafted the notarial deed of a monetary consumer loan agreement (hereinafter “notarial deed of this case”) with law firm as set forth in the following subparagraphs:

On March 13, 2014, the creditor of Article 1 (Purpose) of the Notarial Deed of Cash Loan Contract (Purpose) lent to the debtor a gold billion won, and the debtor borrowed it.

Article 2 (Period and Method of Performance) . December 2015

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