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(영문) 서울중앙지방법원 2018.09.04 2018나13591
약정금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. From around 2007, the Plaintiff has been running the sanitary equipment, interior, and facility repair business in the name of L with K in the Plaintiff’s name.

B. Around 2014, the Defendant’s husband C opened a “Fbbbroom” by leasing a store within the Seoul Special Metropolitan City Gwangjin-gu D history.

C. The Plaintiff received a subcontract for the sanitary facility work from the tegreser tegreser tegreser tegreser tegreser tegreser tegreser tegreser tegreser, but the Plaintiff was not paid the remainder of the subcontract price of KRW 8,500,00.

Accordingly, C around December 2014, at issue, issued to the Plaintiff a promissory note with the term “ issuer C, the Plaintiff, the face value of KRW 9,700,00, and the issue date on December 20, 2014, and the due date on June 19, 2015,” and on December 23, 2014, a notary public drafted and issued a notarized deed to the effect that there is no objection even if he/she immediately is subject to compulsory execution, if a notary public delays the payment of the said promissory note under the G Law Firm Certificate No. 371, 2014.

Since then, it is difficult to operate the said bread house, C transferred the Plaintiff’s right to operate and operate the said bread house to K around August 2015.

Accordingly, from August 11, 2015, K operated the above bread house with a new trade name "N".

E. On August 10, 2015, C issued a promissory note with the following terms: (a) around August 10, 2015, the Plaintiff borrowed KRW 15,000,000 from the Plaintiff (hereinafter “instant loan agreement”); and (b) in order to secure loan obligations under the instant loan agreement, C issued one promissory note with the term “ issuer C, the Plaintiff, the Plaintiff, the face value, KRW 22,200,000,000; (c) date of issuance August 10, 2015; and (d) August 10, 2016.”

Then, on August 10, 2015 at the request of C and the Plaintiff, a notarial deed was drawn up to the effect that there is no objection even if a notary public delays the payment of the said promissory note under the G Law Firm Deed No. 266, when a notary public delays the payment of the said promissory note, even if he/she is immediately subject to compulsory execution.

F. Since then, this case lending agreement.

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