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(영문) 광주지방법원 2020.06.17 2019나2946
청구이의
Text

1. Revocation of the first instance judgment.

2. The Defendant’s notary public against the Plaintiff, No. 426, 2013, No. 326, supra.

Reasons

1. Facts of recognition;

A. On February 11, 2011, the Plaintiff awarded a contract with the Defendant for the construction cost of KRW 100 million.

(hereinafter “instant construction contract”). B.

Around May 201, the Defendant claimed that the Plaintiff completed the construction work and sought payment of the remainder of KRW 23,500,000,000 for the construction work payment. However, the Plaintiff did not have air-conditioning and air-conditioning, contrary to the content of the instant construction contract, and the Plaintiff refused to pay the remainder of the construction payment on the ground that the repair of the defect at the closing floor is necessary, and there was a dispute between the Plaintiff and

C. Around March 11, 2013, the Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 23,500,000 for the payment of the construction cost as the 2013rd House Branch of Gwangju District Court Decision 2013Gadan2892.

On March 19, 2013, the Defendant received KRW 10,000,000 in cash from the Plaintiff and the notary public received the following contents of a notarial deed (hereinafter referred to as “notarial deed of this case”) from the Plaintiff as a law firm C’s No. 426 on the same day, and then the said C’s notarial deed was prepared:

The claim for payment of the construction cost stated in the subsection was withdrawn.

Article 1. The Plaintiff approved that the obligee bears the obligation of KRW 5,00,000 (the balance of the construction cost) to the Defendant, and offered to pay the obligation pursuant to the following provisions, and accepted that obligation by the obligee.

(hereinafter) The Defendant’s claim against the Plaintiff (hereinafter “instant claim for the remainder of construction payment”). Article 2 (Period and Method of Payment) (Payment) shall be paid until March 15, 2014.

Article 5 (Compensation for Delay) If the obligor delays the repayment of the principal or interest, the obligee shall be paid damages for delay at the rate of 20% per annum on the delayed principal or interest.

Article 9 (Recognition and Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform any monetary obligation under this contract, they recognized the absence of objection immediately even if compulsory execution has been enforced.

E. On May 24, 2018, the Defendant’s real estate owned by the Plaintiff with the title of execution.

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