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(영문) 울산지방법원 2019.01.09 2018가합23380
약정금
Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 20% per annum from November 4, 2009 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. 1) On October 19, 2009, the Defendant: (a) a letter of “the content that the Defendant shall pay 300 million won to the Plaintiff, but shall pay 2.5 million won each month from November 3, 2009 to December 3, 2009” (hereinafter “each letter of this case”).

2) On the same day, the Defendant: (a) obtained a notarial deed from a law firm to the effect that a notary public’s signature and seal of each of the instant letters is true; and (b) on October 19, 2009, the Plaintiff and the Defendant entrusted a law firm’s attorney-at-law in charge of authentication with the preparation of a notarial deed under the notarial deed on the basis of the content of each of the instant notes; and (c) the said attorney-at-law in charge of authentication prepared a notarial deed under the notarial deed on the basis of the content of each of the instant notes (a quasi-loan

On October 19, 2009, the obligor of the Notarial Deed of the Debt Repayment Contract (Quasi-Loan for Consumption) approved that the obligee bears the obligation of KRW 300 million in accordance with the contract for the performance of the obligation as of October 19, 2009, and the obligee claimed the reimbursement in accordance with the following provisions and accepted it.

Article 2 (Period and Method of Payment) The installment payment shall be made in 120 months from November 3, 2009 to 2.5 million won each month.

Article 5 (Compensation for Delay) When the debtor delays the repayment of the above amount, damages for delay shall be paid to the creditor at the rate of 20% per annum to the delayed amount.

Article 6 (Forfeiture of Maturity) If an obligor falls under any of the following subparagraphs, he shall, as a matter of course, lose the benefit within the time limit for the obligations of the borrowed amount, and shall immediately repay the remainder in full, even if no notification or peremptory notice is given otherwise by the obligee

1. When a debtor is subject to the disposition of suspension of transactions from a transaction bank;

1. When the debtor delays the payment of his/her obligation, when the debtor and the joint and several sureties fail to perform the pecuniary obligation under this contract;

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