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(영문) 광주지방법원 순천지원 2018.02.06 2016가단4048
약정금
Text

1. The defendant limited liability company B shall pay to the Plaintiff KRW 110,000,000 as well as to the day of full payment from June 4, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On August 12, 2013, the Plaintiff lent KRW 110,00,00 to Nonparty D Co., Ltd. with a maturity of KRW 110,00,000 on November 12, 2013, and damages for delay as 30% per annum. Nonparty E, Co., Ltd, F, and G jointly and severally guaranteed the above loan, and a notary public drafted a notarial deed (hereinafter “instant notarial deed”) with the same content as 1365 on the law firm southdo.

B. On September 16, 2013, the Plaintiff and the Defendants: (a) at the International Joint Law Office, a notary public of H and the second floor H and the second floor, at the International Joint Law Office (hereinafter “Defendant Company”); (b) the Defendant C as joint and several surety, and (c) the notary public drafted a written confirmation of the following contents (hereinafter “instant confirmation”); and (d) the notary public drafted a written authentication (hereinafter “instant authentication”) at the International Joint Law Office, etc. No. 1674. 2013.

◎ 확인서 ㈜F, ㈜D에서 2013. 8. 12. 순천시 J에 있는 A(원고)에게 차용한 금액을 2013. 11. 12.까지 변제하지 못할 시 유한회사 B 소유의 순천시 K 대지와 지상권에 채권자 A이 어떤 실력행사를 할지라도 책임을 질 것이며 또한 민,형사상의 어떠한 이의도 제기하지 않고 책임지겠습니다.

C. At the time of the preparation of the certificate of this case, L was engaged in as the agent of the defendant company and the defendant C, and the certificate of personal seal impression of the defendant C, which was issued by proxy, was submitted to the above attorney-at-law in charge of authentication on the ground that L was granted the right of representation by the defendant C.

The defendant C is actually registered as the representative director of the defendant corporation with children of non-party E who operates the defendant company.

E. D transferred KRW 10 million to the Plaintiff on March 28, 2014, and transferred KRW 40 million on June 27, 2014 to Nonparty M.

In addition, the plaintiff on December 2016, in the distribution procedure of the distribution of dividends by the Gwangju District Court.

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