Text
1. Of the instant lawsuit, the part of the Plaintiff’s claim against Defendant C is dismissed.
2. Defendant B shall pay to the Plaintiff KRW 978,00,000.
Reasons
1. Basic facts
A. The Plaintiff had a claim of KRW 1,00,000,000 based on the authentic copy of the No. 467 of the No. 467 of the No. 467 of the No. 2016 deed as to D’s E office.
B. Since D did not repay its debt based on the above notarial deed, the Plaintiff filed a complaint against D in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (Ulsan District Prosecutors' Office No. 12450 in 2017, hereinafter "relevant criminal case").
The creditor of the joint and several sureties: D The debtor shall pay the amount of KRW 20 million (Won 20,000,000) by April 14, 2017, out of the amount of debt under the notarial deed of the debt repayment contract (Won 1,00,000,000) by notary public E office, No. 467 of 2016, and the remaining amount shall be jointly guaranteed by the following persons and shall be deposited in installments each month from May 25, 2017 to the payment of all the above amount (Won 1,00,000,000). If the parties are to pay in installments two or more installments, they shall lose the benefit of time and shall pay in lump sum the above amount.
In addition, the creditor immediately withdraws the case of a criminal complaint that is in progress as of the time when the debtor deposits the amount of this0 million won into the corporate account of the credit information collector, and the following persons (hereinafter referred to as "persons") delivers a document signed and sealed (or signed) in the letter of joint and several sureties, and immediately delivers to the investigative agency all the documents required to be withdrawn by the investigative agency.
b. The above joint and several sureties on April 13, 2017: Defendant B and C
C. Defendant B is the spouse of D, and Defendant C, the mother, prepared and delivered to the Plaintiff a joint and several surety payment note (hereinafter “each of the instant notes”) with the following content on April 13, 2017.
The Defendants repaid totaling KRW 20,000,000 to the Plaintiff on April 13, 2017 in accordance with the instant text, and the Plaintiff, on April 14, 2017, issued a letter of revocation of complaint and written agreement with the investigation agency of the relevant criminal case.