beta
Text
1.(a)
C and Defendant A in a notarial deed of a monetary loan agreement (Law Firm Han-mail, No. 52, 2013).
Reasons
1. Basic facts
A. (i) On March 12, 2001, the Plaintiff entered into a payment guarantee insurance contract with Hyundai Securities Co., Ltd. (hereinafter “Modern Securities Co., Ltd.”) on the receipt of a loan from Hyundai Securities Co., Ltd. as a livelihood stabilization housing fund. Since C fails to repay the above loan, on February 5, 2004, it paid KRW 30,024,657 as insurance money to Hyundai Securities Co., Ltd.
Luxembourg filed a lawsuit against C for the claim for reimbursement (Seoul Central District Court 2004Kadan58015) and rendered a favorable judgment on May 14, 2004 that "C shall pay to the Plaintiff KRW 30,024,657 and delay damages therefor," and the above judgment becomes final and conclusive around that time. The amount of the claim against C by the Plaintiff pursuant to the above judgment reaches KRW 68,150,70 as of October 21, 2013.
B. The Defendant A transferred KRW 60,000,000,000 to C, working at the point of delivery of modern securities, under the name of futures option investment, KRW 20,000,000,000 on June 1, 2012, KRW 21,000,000 on June 21, 2012, and KRW 20,000,000 on July 13, 2012, and received a loan certificate from C as “60 million for rent, KRW 60,000,000 for rent, interest rate on January 13, 2013, and KRW 10,000.”
(On the other hand, the above loan certificate is not written with the date of preparation and interest rate). Sheet, and the defendant A and C, on January 21, 2013, concluded a debt repayment agreement with the effect that "the amount of KRW 75 million shall be paid in installments by 2.5 million on the 21st day of each month from February 21, 2013 to July 21, 2015, on the 30th day of July 2015, but if the payment of the above installment is delayed at least once, they shall lose the benefit of time and immediately pay in full, and as such, set up a notarial deed of a monetary loan agreement (Law Firm Han-ma, Law Firm Han-gu, 2013).
(hereinafter referred to as “instant debt repayment agreement”. On the other hand, Defendant A is based on the original copy of the said notarial deed, and C’s February 25, 2013.