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(영문) 서울북부지방법원 2020.05.12 2019나1440
약정금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 2, 3, and 11:

On February 5, 1998, the deceased C (Death on May 4, 2016) and the defendant prepared and delivered to the plaintiff 300,000,000 won at par value, the payee, the date of issuance to the plaintiff on February 5, 1998, and one promissory note with the issuer network C and the defendant on February 5, 1998. The network C approved the plaintiff on February 5, 1998 to pay 300,000,000 won as stated in the above promissory note to the plaintiff on March 30, 1998 and to October 30, 1999, the defendant agreed to pay 300,000,000 won in total (for delay, 48% per annum), and the defendant jointly and severally guaranteed it.

On the same day, the above arrangement was drawn up by a notary public in the No. 1405 (Quasi-Loan for Consumption) contract, No. 1405 (Quasi-Loan for Consumption), No. 1998 (hereinafter referred to as the “notarial deed of this case”).

B. The Plaintiff claimed that net C and the Defendant jointly pay KRW 300,000,000 and the delay damages therefrom in the Seoul Northern District Court 2008Gahap2313 agreed amount. The cause of the claim is as follows.

The Network C and the defendant agreed to pay to the plaintiff on February 5, 1998 KRW 300,000,000 in total, each of the 30th day of March 30, 1998 to October 30, 1999, KRW 15,00,000,000 per month. The defendant prepared, delivered, and delivered to the plaintiff a promissory note with the issuer network C and the defendant on February 5, 1998, and the certificate of this case is jointly and severally liable to pay the plaintiff the above agreed amount of KRW 300,000,000,000 at face value, the payee, and the date of issuance to the plaintiff. Thus, the defendants are jointly and severally liable to pay the plaintiff the above agreed amount of KRW 300,00,000,00 and delay damages.

C. The above court rendered a judgment citing a part of the plaintiff's claim, and the network C and the defendant appealed. The Seoul High Court (Seoul High Court 2009Na10593) referred the case to the conciliation in the appellate court, and on October 8, 2009, "the net C and the defendant jointly and severally agreed to the plaintiff 105,000,000 won and its corresponding amount from April 15, 2008 to 208.

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