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(영문) 서울북부지방법원 2019.03.21 2018가합22774
약정금
Text

1. The Defendant’s KRW 600,000,000 as well as the Plaintiff’s annual interest from September 12, 2018 to March 21, 2019.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a company that purchases D-il land at Silung-si and engages in the development and sale of multi-family housing (hereinafter “instant business”) and the representative director is E.

From March 2003, the Defendant, while serving as C’s director, promoted the instant project with E, and served as C’s joint representative director from March 17, 2009 to July 12, 2013.

B. On May 21, 2015, C’s representative director E prepared a written confirmation of debt balance as follows (hereinafter “written confirmation of debt balance”). On the bottom of the said written confirmation, the Defendant entered the address, resident registration number, and name with the seal affixed thereon.

The creditor F (hereinafter referred to as the "A") and the debtor F Co., Ltd. (hereinafter referred to as the "B") confirm the balance of debt excluding the amount offset at the time of the purchase and sale contract for the relevant site on May 21, 2015, with respect to an agreement, investment and loan related to the apartment development project on the lots other than D and nine parcels in Gyeonggi-do, and the loan and interest of the funds when acquiring the relevant lot at auction.

Article 1. The balance of “B”’s debt on “A” is KRW 600,000,000.

Article 2 “B” shall be paid to “A” without delay on the date on which the balance of debt under Article 1 is made.

The method of payment of principal: The repayment shall be made immediately when profits accrue due to the implementation of the project.

The calculation of interest: The calculation of interest shall be made separately.

Article 3 (Preparation of Certificate of Balance of Debt in Notarial Deed)

On May 21, 2015, the Plaintiff’s address, name, resident registration number (person) (person) (B) representative E (Surety) corporation, C’s address, resident registration number, name (person) Defendant’s address, resident registration number, name (person) / name (person) / [founded ground for recognition] of the absence of dispute, entry of evidence No. 1, and the purport of the whole pleadings.

2. Determination as to the cause of action

(a) Inasmuch as a document evidencing the occurrence of a surety obligation is deemed to have been duly formed, the court shall enter the document;

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