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(영문) 서울중앙지방법원 2014.08.22 2013가합74702
청구이의
Text

1. A deed of 2012 drawn up by the Defendant against the Plaintiff, a notary public of the Republic of Korea, on May 7, 2012.

Reasons

1. Basic facts

A. On May 7, 2012, the Plaintiff and the Defendant entrusted a notary public to a law firm general law office with the preparation of a notarial deed, and on the same day, a notarial deed with the following content (hereinafter “instant notarial deed”) was drawn up by the notarial deed No. 772.

On June 30, 2010, the obligor of Article 1 of the Notarial Deed of Debt Repayment Contract (Plaintiff) approved the fact that he/she bears the following obligations to the obligee (Defendant) and offered to repay the said obligations pursuant to the provisions of this Agreement, and the obligee consented to this. The obligor shall pay damages for delay in the amount of KRW 590 million: When the obligor delays the repayment of the above amount, damages for delay in the amount of 20% per annum shall be paid to the obligee at the rate of 20% 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.

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

5. Where the debtor violates the provisions of this contract.

B. On May 31, 2012, the date of maturity for the instant notarial deed is KRW 100,000,000 following the following day.

6.1. The Defendant remitted money to the Defendant’s national bank account.

On the other hand, on June 14, 2012, the Defendant closed a bank account under the name of the principal, and the Plaintiff who did not know of such circumstances was the same month.

6. The same month in which 200 million won, the due date of which has been designated on the 30th day (day).

6. On 29. 29. The defendant intended to remit money to the above national bank account, but failed to bring about the closure of the account, and after checking the account number available to the defendant, the same year.

7.2. (Bronday) remitted 201,766,000 won (including interest item 1,766,000 won) to the bank account in the name of the Defendant.

C. The defendant of this case.

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