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(영문) 서울남부지방법원 2017.01.13 2014가단15419
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 61 million with the interest rate of KRW 20% per annum from December 25, 2013 to the day of complete payment.

Reasons

1. The Plaintiff is the wife of in-house director C, who holds 50% of shares in B Co., Ltd. (hereinafter “B”).

The defendant is a company for the purpose of multimodal transport mediation.

Around April 2010, the Defendant entered into a partnership agreement with Hyundai Libers Co., Ltd. (hereinafter “Mogles”) on air export contracts regarding the supply of automobile parts produced in the Mogles Russian plant, and entered into a partnership agreement with B to perform the above tasks.

On the other hand, on November 15, 2013, the Defendant: “The Defendant borrowed KRW 161 million from B; KRW 50 million from among them, shall be repaid on November 28, 2013; and KRW 50 million shall be repaid on December 24, 2013. Where the Defendant fails to pay each of the above money by the payment date, interest on delay shall be 20% per annum. Where the Defendant pays each of the above money at each payment date, interest on delay shall be deemed to have ceased to exist. However, where the Defendant fails to pay each of the above money at each payment date at each payment date at each payment date at each payment date at each payment date at each payment date at the same time, 160,100,000 won shall not be terminated. At the same time, this contract and the Defendant and B shall verify that there is no credit and debt other than the above money.”

On November 20, 2013, as stipulated in the letter of this case, the Defendant also prepared and published to B a notary public each 50 million won of the above installment payments, as stipulated in the letter of this case, a notarial deed under a monetary loan agreement with a law firm as of November 28, 2013 and a notary public as of December 24, 2013 as of December 613, 2013 (hereinafter “notarial deed of this case”).

The Defendant paid KRW 50 million to B on November 28, 2013 in accordance with the instant letter, but only KRW 20 million on December 24, 2013.

As the Defendant did not pay the remainder of KRW 30 million until December 24, 2013, B is in the notarial deed of this case.

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