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(영문) 수원지방법원안산지원 2015.12.29 2014가단114886
청구이의
Text

1. The defendant's notary public against the plaintiff was Law Firm Samwon, 309, No. 717, August 31, 2009.

Reasons

1. Under the circumstances leading to the preparation of a notarial deed, there is no dispute between the parties concerned, or it may be admitted by each entry of A evidence Nos. 1-1, 2, 2, and 3.

C Around February 2009, Co., Ltd. (hereinafter referred to as “C”) subcontracted to D (hereinafter referred to as “D”) KRW 7,700,000, and KRW 61,600,000, respectively, the construction of the F building around March 2009.

B. Although D completed each of the above works, C paid only KRW 40,00,000 among the construction price, and unpaid KRW 29,30,000 among the construction price, and the Plaintiff and the Defendant of D’s auditor, the actual representative of C, before August 31, 2009, paid KRW 29,000,000 to the Defendant up to September 28, 2009, on the condition that the Plaintiff shall pay the Defendant the remainder of the construction price until September 28, 2009, and shall pay the delayed amount plus damages for delay calculated at the rate of 24% per annum. If the obligor fails to perform his/her obligation under this contract, it is recognized that there is no objection even if a notary public immediately executes the compulsory execution. The purport of D’s act is that a notary public drafted a notarial deed of debt repayment contract (which is a loan for consumption) No. 717, Jul. 31, 2009 (hereinafter “notarial deed”).

2. The fact that the repayment and appropriation C on December 9, 2009, repaid to D on December 9, 2009 KRW 10,000,000 out of the obligations on the instant notarial deed, does not conflict between the parties.

Unless there is any evidence to prove that there was an agreement or designation on the method of satisfaction of obligation between C and D or between the Plaintiff and the Defendant, expenses, interest, and principal as stipulated in Articles 477 and 479 of the Civil Act shall be appropriated in the order of the principal according to the method of statutory satisfaction of obligation as stipulated in Article 477 and 479 of the Civil Act. 10,000,000 won shall be appropriated in the order of the principal, and the payment shall be appropriated from September 29, 2009 to December 9, 2009 as agreed delay damages 1,372,931 won (=29,00,000 won x 24% per annum x 72/365 days per annum, and less than won). The remainder of 8,627,069 won (=10,000,000 - 1,372,931 won).

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