(영문) 전주지방법원 2019.06.05 2018가합3921

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2019.06.05 2018가합3921

청구이의

Text

1. The Defendant’s notary public against the Plaintiff is a law firm C, No. 246, April 19, 2016.

Reasons

1. Basic facts

A. On October 21, 2015, the Plaintiff prepared a letter of debt guarantee with the Defendant’s representative director E (hereinafter “the letter of debt guarantee”) to the effect that the Plaintiff borrowed KRW 300 million from the Defendant in relation to the Corporation (hereinafter “the instant construction”) and promised to pay the said loan by June 30, 2016, and that the interest in arrears calculated at the rate of 15% per annum at the expiration of the due date shall be paid (hereinafter “the letter of debt guarantee”).

B. On April 19, 2016, the Plaintiff and the Defendant entered into a notarial deed as described in Paragraph (1) of the Disposition to the effect that “The Defendant lent KRW 300 million to the Plaintiff on October 21, 2015, and the Plaintiff repaid the said borrowed money to the Plaintiff until June 30, 2016, and the Plaintiff recognized that there was no objection even if compulsory execution is performed when the Plaintiff did not perform the said monetary obligation.” The notarial deed as described in Paragraph (1) of the Disposition to the effect that both the Plaintiff and the Defendant commission F to draw up the notarial deed on behalf of both the Plaintiff and the Defendant, and the Plaintiff signed and sealed the notarial deed on behalf of the Plaintiff, and the Plaintiff delegated F with all authority to commission the preparation of the said notarial deed (hereinafter referred to as “instant power of attorney”).

C. On September 23, 2016, G companies H, the Plaintiff’s mother, and the Defendant drafted the following agreements (hereinafter “instant agreements”).

With respect to the construction cost at the parking site of G Company I in the south of the Agreement, the executor (G Company H) and the contractor (Defendant) shall agree and prepare the agreement as follows:

1. The executor withdraws the order of seizure and collection against the Plaintiff’s garnishee.

Provided, That the amount seized without withdrawal for the third debtor J company shall be collected from the executor and the collected amount shall be immediately transferred to the plaintiff's account.

The balance before the fund management trust and taxes and public charges.

유사 판례

-광주고등법원 2015.12.18 2014나2265

-의정부지방법원 2017.07.14 2016가합52521

-서울고등법원 2020.10.21 2020나2005844

-수원지방법원평택지원 2014.11.27 2014가단1060

-광주지방법원 2017.12.08 2017나56802