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(영문) 대구지방법원서부지원 2019.07.11 2018가합51144
약정금
Text

1. As to Defendant B, C, and D’s joint and several costs of KRW 459,92,306 and KRW 428,50,000 among them,

A. Defendant B: (a) on January 2015.

Reasons

1. Determination as to claims against Defendant B, C, D, and E

A. The facts of recognition 1) G and Defendant C were indicted on August 24, 2009 for fraud as Busan District Court 2009Da40477, which was the case of the above criminal case. 2) With respect to the above criminal case, a promissory note was issued as follows: (a) on the same day, the agreement was made between the Plaintiff, Defendant B, C, and D, which was a stock company on June 8, 2009, and H (the representative is G; hereinafter “H”); (b) on the same day, the “ issuer H, Defendant B, C, and D”; (c) the “Plaintiff who is the recipient”; (d) the “amount KRW 428,50,000,000;” and (e) the payment date.

The term "A" (Linkina) and "B" (H), Defendant B, C, and D shall agree and withdraw complaints as follows:

1. “B”, Defendant B, C, and D are liable for and payable to “A” the amount of promissory note No. 8, 2009 with a payment key.

2. Defendant C’s wife, Defendant B, and Defendant D, as joint and several surety, have issued promissory notes, and thus, they should not pay the said promissory notes prior to the date of payment, and be subject to criminal punishment by deeming them as fraud to be exempted from detention in the event of seizure, sale, or gift of property under the name of the principal.

The term "A": The joint and several sureties of "H": The joint and several sureties of defendant B: the defendant C's joint and several sureties of "B: the fact that there is no dispute over the defendant D's ground for recognition, Gap 1 and 3 evidence (including the case where there is a serial number; hereinafter the same shall apply) and the purport of the whole pleadings.

B. Determination 1) According to the above facts of determination as to the cause of the claim for Defendant B, C, and D, Defendant B, C, and D are jointly and severally liable to pay to the Plaintiff KRW 428.5 million (hereinafter “instant agreed amount”) and damages for delay, as joint and several suretys of H under the instant agreement, unless there are any special circumstances.

B) Determination on Defendant B, C, and D’s assertion (Defendant B, C, and D’s assertion)

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