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(영문) 서울중앙지방법원 2015.07.03 2015가합511182
청구이의
Text

1. The Defendant’s notary public against the Plaintiff No. 107 of the 2008 deed, 2008, drawn up by a law firm friendly on March 17, 2008.

Reasons

1. Basic facts

A. On May 19, 2003, D Co., Ltd. (hereinafter “D”) paid D 200,000,000 won to D as investment deposit, D Co., Ltd. (hereinafter “D”) made an agreement that the Defendant shall pay D 20,000,000 won to the Defendant at the time after the lapse of a given period from the payment date as follows: Provided, That if it fails to pay the investment dividends within 48 months, D Co., Ltd. (hereinafter “instant agreement”) paid 20,00,000 won to D on the same day.

Investment dividends (won) 6400,000,000 800,000,000 24 1,600,000,000 36 3,200,000 363,200,000,000,000 48,000 48,000,000

B. In addition, as between the Defendant and D on August 21, 2003, if the Defendant pays D 150,000,000 won to D as investment, D shall pay to the Defendant the investment dividends (including investment principal) at the time after the lapse of a certain period from the payment date as follows, and if it fails to pay the investment dividends within 48 months, D shall pay the amount of damages for delay calculated at the rate of 5% per month (hereinafter “Agreement 2” and “each of the instant agreements” in addition to the first agreement, and the Defendant paid 150,000,000 won to D on the same day.

Investment dividends (won) 6300,000,000 12 600,000,000 24 1,200,000,000 36 2,400,000 36 2,400,000,000 48,800,000 48,80,000

C. On December 30, 2005, A Co., Ltd. (hereinafter “A”) agreed to jointly and severally guarantee the investment principal and the obligation to pay investment dividends, which D shall pay to the Defendant under the business investment agreement.

A, on March 17, 2008, a promissory note was issued to the Defendant, the issuer A, the payee A, the Defendant, the face value of KRW 7,700,000,00. A, a notary public has no objection even if a notary public is subject to compulsory execution when a notary public delays the payment of the promissory note to the holder.

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