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(영문) 광주지방법원 2018.04.26 2017가합1846
합의금지급
Text

1. Defendant C and E shall jointly and severally pay to the Plaintiff KRW 230,137 as well as the full payment with respect thereto from September 20, 2017.

Reasons

1. Basic facts

A. On December 22, 2016, the Plaintiff and the Defendant C Co., Ltd. (hereinafter “Defendant C”) concluded disputes related to the instant case (i.e., Gwangju District Court 2016TTT 5796, 2016T 13022, and 2016Kahap5799, and (ii) concluded a written agreement under which Defendant C would pay to the Plaintiff KRW 10,000,000 on December 22, 2016, and KRW 10,000,000 on January 6, 2017, and KRW 210,00,000 on March 31, 2017, and KRW 210,000 on May 31, 2017 (hereinafter “instant agreement”).

B. Under the instant agreement, the Plaintiff delivered documents necessary to withdraw each of the above lawsuits to Defendant C, and the Defendant C paid KRW 200,000,000 to the Plaintiff.

If Defendant C did not pay the remainder of 420,000,000 won, the Plaintiff and the Defendant C loaned KRW 420,000,000 to Defendant C on December 22, 2016 by the Intervenor joining the Plaintiff (hereinafter “ Intervenor”) for the performance of the remaining obligations, and Defendant C wishes to pay KRW 210,00,000 on March 31, 2017; and interest and delay damages shall be KRW 20% per annum on May 31, 2017. Defendant E is a law firm light that “the obligation of Defendant C is jointly and severally guaranteed.” Defendant C drafted a notarial deed of money consumption contract (hereinafter “notarial deed of this case,” and “debt 1” under the aforesaid notarial deed.

C. On the other hand, on September 12, 2017, the intervenor and defendant C, and the intervenor and the plaintiff are married with the plaintiff and the intervenor. With respect to the claim for reimbursement of KRW 197,053,454 against H Co., Ltd. (hereinafter "H"), Defendant C, on behalf of the intervenor, paid KRW 150,00,000 out of the above KRW 197,053,454 out of the total amount of KRW 197,053,454 to the intervenors within 150 days from the date of the preparation of the written agreement and jointly and severally guaranteed the above obligation of the defendant C (hereinafter "the agreement in this case"), and I drafted the agreement to the effect that the above obligation of the defendant C is jointly and severally guaranteed.

Intervenor H and J, and Defendant C of H on June 23, 2017.

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