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(영문) 광주지방법원 2019.05.17 2018가합56744
청구이의
Text

1.(a)

A notary public is the plaintiff of the defendant on the basis of No. 551, 2018 No. 551.

Reasons

1. Basic facts

A. The plaintiff A is a juristic person established for the purpose of building work business, etc., and the plaintiff B is a juristic person established for the purpose of engineering work business.

B. On October 14, 2016, Plaintiff B (the trade name at that time was “F company”) issued to the Defendant a promissory note of KRW 1.1 billion in face value, which is payable at sight, with the issuance of a promissory note of KRW 1.1 billion in face value, and written the notarial deed of promissory note No. 1620, which accepts compulsory execution based on the said promissory note (hereinafter “notarial deed of this case”).

On the other hand, the above notarial deed is accompanied by the payment agreement between the plaintiff B and the defendant that set the payment method of KRW 1.1 billion (hereinafter "the payment agreement of this case"). The main contents are as follows.

Payment Agreement A: F. F. : Shall prepare and implement the payment agreement under the following conditions with respect to the investment funds of Eul in relation to the construction of a new H apartment on the 14th ground between the parties to the said agreement:

- 아 래 - ◆ 총지불액 : 일금 일십일억원정(1,100,000,000원) - 지 급 방 법 - 1) 일금삼억원정(300,000,000원)은 위 현장 분양율이 80%될시 1억 85%될시 1억 90%될시 1억 진행이 될 때 기성금 수령시마다 분할해서 지급하기로 한다. 2) 일금팔억원정(800,000,000원)은 2018년 4월 30일까지 현금으로 지급하기로 한다.

B. The Plaintiff A: (a) KRW 100 million on January 2, 2017 to the Defendant; and (b) the same year

3.31.10 million won, and the same year.

6. 15.15.10 billion won was paid in total of KRW 300 million.

C. On May 2, 2018, Plaintiff A and the Defendant borrowed KRW 400 million from the Defendant on April 30, 2018. Plaintiff A shall pay the Defendant the said KRW 400 million in installments as KRW 20 million on June 30, 2018, and KRW 200 million on July 30, 2018. Plaintiff A shall lose the benefit of time and shall repay the remainder of the principal amount in full, and the rate of 20% per annum on the delayed principal amount.

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