(영문) 서울중앙지방법원 2014.07.24 2013가합536552

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(영문) 서울중앙지방법원 2014.07.24 2013가합536552

대여금

Text

1. The plaintiff against the defendant:

(a) No. 90 of the deed No. 2005 shall be written by a notary public on the law firm Barun;

Reasons

1. Basic facts

A. On November 25, 2005, the Plaintiff and C made a joint and several surety with the Defendant for delay at the rate of 24% per annum if C borrowed KRW 70 million from the Defendant until March 24, 2006 and the repayment of the above borrowed money is delayed, and the Plaintiff shall pay damages for delay at the rate of 24% per annum. If C and the Plaintiff fail to perform the above monetary obligation, the Plaintiff shall jointly and severally guaranteed the above borrowed money obligation, and if C and the Plaintiff fail to perform the above monetary obligation, a notary public shall have no objection even if they are subject to compulsory execution (hereinafter “notarial deed of 205”).

B. On March 23, 2007, the Plaintiff and D borrowed KRW 53.8 million from the Defendant until June 22, 2007, and if the repayment of the above loan is delayed, the Plaintiff and D shall pay damages for delay at the rate of 24% per annum. If the Plaintiff and D fail to perform the above monetary obligation, a notary public shall recognize that they have no objection even if they are subject to compulsory execution, set up a notarial deed of monetary loan agreement No. 200 on the Law Firm Barun Law, No. 2007 (hereinafter “notarial deed of this case”), and the notarial deed of this case was added to the notarial deed of this case in 2005 and 2007.

C. On December 30, 2008, the Plaintiff and E drafted a letter of payment for KRW 70 million to the Defendant (hereinafter “instant letter of payment”). The said letter of payment states that “The Plaintiff and E shall pay the amount of KRW 70 million, regardless of the payment made by D with the amount related to D, and shall pay the amount of KRW 5 million from February 10, 2009 to the 10th day of each month, and that the Defendant shall not exceed the said amount (the other debt of D shall be separate), provided that the interest and the agreement shall be separately paid.”

D On December 30, 2008, the Defendant agreed to pay KRW 223,80,000 to the Defendant by March 30, 2009, and the date will expire.

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