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1. The Defendant’s notary public against the Plaintiffs written deed of August 23, 2012, drawn up on August 23, 2012.
Reasons
1. Basic facts
A. The Plaintiff Association is established for the purpose of implementing the rural village development project in the said district, while the Plaintiff Association is the representative of the Plaintiff Association.
Plaintiff
D is the representative director of Plaintiff B’s agricultural partnership (hereinafter “Plaintiff”) and the Defendant is the representative director of F Co., Ltd. (hereinafter “F Co., Ltd.”) established for the purpose of indoor construction business.
B. On May 22, 2012, F Company lent KRW 180 million to the Plaintiff Union, and issued three copies of promissory notes representing KRW 50 million each in face value to the Plaintiff Company (as of July 31, 2012, and August 7, 2012, and August 21, 2012) with face value of KRW 30 million (as of August 14, 2012, the payment date) and one copy of promissory notes representing KRW 30 million in face value to the Plaintiff Company.
C. However, the Plaintiff Union paid KRW 50 million as of July 31, 2012, but did not pay the remaining promissory notes (a total of KRW 130 million; hereinafter “the instant promissory notes”) and the Plaintiff Union defaulted on August 8, 2012.
After that, on August 7, 2012, the Plaintiff Union paid only KRW 20 million out of the amount of promissory notes as of August 7, 2012.
On August 21, 2012, the Plaintiffs: (a) written statement to the Defendant stating that “The Plaintiff Union shall pay KRW 150 million for damages incurred by the Defendant’s failure to obtain the Defendant’s business license; (b) KRW 110 million for the borrowed money; (c) KRW 340 million for the company’s damages until the Defendant’s re-acquisition the Defendant’s license; and (d) KRW 300 million for the company’s damages until August 31, 2012; (c) KRW 300 million for the company’s damages until September 15, 2012; (d) KRW 30 million for each payment (30% for delay damages; (e) KRW 20 million for the Plaintiff Union’s damages incurred by the Plaintiff’s failure to obtain the Defendant’s business license; and (e) KRW 300 million for the Plaintiff’s joint and several damages incurred by the Plaintiff Association from the Plaintiff’s loan office to 300 million until December 25, 2012.