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Reasons
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(영문) 인천지방법원부천지원 2019.08.21 2018가단121853
청구이의
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1. The Defendant’s notary public against the Plaintiff, No. 230, May 11, 2018, No. 2018.

Reasons

1. Facts of recognition;

A. On May 10, 2018, the Plaintiff and the Defendant entered into an agreement with the following contents (hereinafter “instant agreement”), and the Defendant paid KRW 200 million to the Plaintiff around May 11, 2018, the following day.

Article 3 (Provision of Funds) The defendant shall pay the investment money to the plaintiff as follows:

(1) Investment amount: n.e., n. 200 million won (in n.e., 200,000 n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n.

(2) The settlement of profits shall be made in preference to the payment of inflows less personnel expenses and basic expenses.

(3) In principle, the settlement of principal shall be executed with the top priority and approval at the time of the first record in this PF as agreed upon for events concerning advance expenditure expenses, such as promotion official deposit, and shall not be related to the PF.

7. up to 17. It shall be the key to payment.

(4) A business subsidy of KRW 4 million per month shall be paid to the defendant before the settlement of principal and profits.

B. Around May 11, 2018, the Plaintiff and the Defendant: (a) lent KRW 200 million to the Plaintiff on July 17, 2018 by setting the due date of repayment of KRW 200 million and interest rate of KRW 24% per annum; and (b) drafted a notarial deed of a money loan contract to the effect that a notary public recognizes compulsory execution (Law Firm C2018, No. 230, hereinafter “instant notarial deed”).

C. On July 17, 2018, the Plaintiff and the Defendant concluded a special agreement with the effect that: (a) the maturity of KRW 200 million shall be extended to August 30, 2018; and (b) the profit shall be increased to KRW 350,00,000; and (c) the profit shall be paid first after restricting the fixed costs and operating expenses of the company after the occurrence of the proceeds from sale (hereinafter “instant special agreement”).

On November 5, 2018, the Defendant received a seizure and collection order (this Court 2018TT 9846) as to the Plaintiff’s claim against D Company.

E. Meanwhile, the Plaintiff is the Defendant, and KRW 4 million, respectively, on May 11, 2018, June 11, 2018, and July 11, 2018, and August 12, 2018.

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