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(영문) 광주지방법원 2016.07.14 2015가합57883
전부금
Text

1. The defendant shall pay to the plaintiff KRW 388,849,00 and the amount of KRW 300,000 among these amounts, from January 20 to the date of full payment.

Reasons

Basic Facts

A. From July 20, 201 to June 29, 2012, the Plaintiff leased KRW 300,000,000 to C, but C applied for a payment order with respect to “C shall pay to the Plaintiff KRW 354,000,000 and KRW 300,000,000 among them, which shall be calculated at the rate of 20% per annum from November 8, 2014 to the date of full payment” (Article 2014, No. 8070, Oct. 13, 2014; hereinafter “instant payment order”); and the said payment order was served to C on Nov. 7, 2014 and finalized on December 12, 2014.

B. On August 26, 2014, C and D entered into a memorandum of understanding that C will transfer the management rights of medical corporations E (hereinafter “the medical corporations in this case”) to D. On August 26, 2014, C and C were detained in a criminal case, and C’s wife F drafted, on behalf of C, a memorandum of performance agreement, to be implemented in accordance with D and the above memorandum of understanding.

C. In return for the acquisition by transfer of the medical corporation of this case, D agreed to accept approximately KRW 4.5 billion from the medical corporation of this case, and additionally pay KRW 400,000 to C, and the above KRW 400,000,000 was agreed to pay KRW 5,00,000 each month from March 2015 to 80,000.

(hereinafter “instant installment payment agreement”) D.

On the other hand, with respect to the transfer of the medical corporation in this case on September 11, 2014, F, D, and the Defendant drafted a notarial deed of money consumer loan agreement (hereinafter “notarial deed of this case”) stating that F, on March 13, 2014, lent 400,000,000 won to the Defendant as a creditor, the Defendant as an obligor, and D as a joint surety, and F, on December 31, 2015 (hereinafter “the first repayment agreement”), the remainder 200,000,000 won, by December 30, 2017 (hereinafter “the second repayment agreement”).

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