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(영문) 서울고등법원 2015.10.21 2014나2037123
청구이의
Text

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

Of the instant suit, the Defendant’s Plaintiff and notary public are the Plaintiff.

Reasons

1. On May 7, 2012, the Plaintiff and the Defendant: (a) entrusted a notary public with the preparation of a notarial deed to a law firm general law office; and (b) on the same day, the notarial deed of a debt repayment contract with the following contents (hereinafter “notarial deed of this case”) was drawn up by the notarial deed No. 772.

The main contents are as follows:

On June 30, 2010, Article 1 of the Notarial Deed of Debt Repayment Contract (Plaintiff) approves the fact that the obligor bears the following obligations (hereinafter referred to as “instant obligations”) to the obligee (Defendant) and offers to repay the obligations pursuant to the provisions of this Agreement, and the obligee approves the foregoing. The obligee has agreed to delay damages: If the obligor delays the repayment of the above amount: damages for delay shall be paid to the obligee at the rate of 20% per annum per annum to the delayed amount.

Due date and method: KRW 10 million on May 31, 2012, KRW 20 million on June 30, 2012, KRW 100 million on December 30, 2014, KRW 100 million on October 30, 2015, KRW 100 million on October 30, 2015, and KRW 90 million on October 30, 2016, respectively.

2. The obligor shall automatically lose the benefit of time arising from the repayment of the obligation even though no separate peremptory notice has been given by the obligee; and 3. When installment payments or payment of interest is delayed once or more times:

5. When the debtor violates the provisions of this Agreement, the plaintiff shall affix a KRW 100 million which was designated as the maturity date on May 31, 2012 to the notarial deed of this case after the maturity date.

6.1. The Defendant’s transfer to the Defendant’s national bank account.

Meanwhile, on June 14, 2012, the Defendant closed the said national bank account under the name of the Defendant. On June 30, 2012, the Plaintiff, who was unaware of such circumstances, attempted to remit KRW 200 million, the due date for payment, to the Defendant’s above national bank account, but failed to transfer it to the Defendant’s account closure. On July 2, 2012, the Defendant confirmed the account number available for remittance to the Defendant, and then confirmed the account number available for transfer to the Defendant’s bank account under the name of the Defendant, and KRW 1,766,00,00 in interest amount of KRW 201,76,00.

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