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(영문) 서울고등법원 2019.02.21 2018나2062097
청구이의 등
Text

1. The judgment of the court of first instance is modified as follows.

A notary public against the plaintiffs on October 2016 against the defendant is a law firm D.

Reasons

1. Grounds for the court’s explanation on this part of the basic facts are set forth in the first instance judgment.

B. (3) “The part of the above loan shall be repaid in installments five times from November 28, 2016 to March 17, 2017, and if payment has been delayed even once, the time limit shall be lost” as referred to in paragraph (3) of the same Article, “the above loan shall be paid in installments, and even once, if payment has been delayed, the time limit shall be reduced by five installments, and the above loan shall be reduced by 43,105,606 won on November 28, 2016, and 43,105,606 won on December 10, 2016, and KRW 31,581,060 on January 25, 2017; and

2. 21. 60,000,000 won, and the same year;

3. 10.80,000 won shall be repaid, and even once, when the repayment has been delayed, the benefit of time shall be lost, and when the plaintiff A delays the repayment of the principal, the delay damages shall be paid to the defendant at the rate of 20% per annum.

"," and the first instance court's decision

C. (1) The part “from November 2, 2016 to” in Article 420 of the Civil Procedure Act, other than being used as “from November 28, 2016,” is the same as the reasoning of the judgment of the first instance, and thus, is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the parties' arguments;

A. Plaintiffs 1) From November 28, 2016 to February 27, 2017, the Plaintiffs paid to the Defendant the sum of KRW 82,105,606 out of the amount agreed on the instant authentic deed, and thus, the obligation of the Plaintiffs corresponding thereto was extinguished. (2) Meanwhile, the Defendant filed a criminal complaint against the Plaintiff, etc. on June 8, 2017, after the instant agreement was reached, on which June 8, 2017, which was a ground for penalty under Article 5 of the instant agreement, and the same is a ground for penalty under Article 5 of the instant agreement, the Plaintiff has the right to cut down the penalty amount of KRW 300,00 against the Defendant of the Plaintiff with the right to cutting down the penalty amount of KRW 196,745,029 as of June 8, 2017, both the principal amount (=186,427,636,1036,376) and the obligation of the Plaintiffs against the Defendant is extinguished.

3) Therefore, the defendant's compulsory execution based on the notarial deed of this case against the plaintiffs shall not be permitted, and the defendant shall set off against the plaintiff A the balance of penalty for breach of contract (=300,000,000.)

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