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(영문) 서울남부지방법원 2019.04.03 2018가단231776
청구이의
Text

1. A notary public against the Plaintiff by the Defendants is a debt repayment contract No. 257 of the deed 2015, 2015, dated May 29, 2015.

Reasons

1. Facts of recognition;

A. On October 2014, the Defendants received a contract from the Plaintiff and performed the interior works of “F” in Yangcheon-gu Seoul Metropolitan Government E (hereinafter “F”).

On May 29, 2015, the Plaintiff and the Defendants: (a) a notary public entrusted a law firm D with the preparation of a notarial deed in relation to the repayment of the accounts payable for the construction cost of KRW 26.5 million; and (b) accordingly, the notarial deed listed in Paragraph (1) of this Article (hereinafter “instant notarial deed”).

B. The main contents of the instant notarial deed are as follows.

As of May 29, 2015, the debtor (Plaintiff) shall approve that he/she bears the obligation of KRW 26.5 million as of May 29, 2015.

Debtors shall repay 50,000 won in installments, each of which on the third day of each month, from June 2015 to September 2016, each of which shall be repaid in installments, and on October 31, 2016, KRW 850,000,000,000,000,000 to obligees (defendants).

If the obligor delays the repayment of the principal or interest, the delayed principal or interest shall be paid to the obligee at the rate of 25% per annum on the delayed principal or interest.

C. At the time of the preparation of the notarial deed in this case, the Plaintiff and the Defendants agreed to the effect that “in the event of the occurrence of the floor defects in the interior works, expenses replacing the P-Til days or polysing days shall be subtracted from the claim for construction price entered in the authentic deed.”

By November 1, 2016, the Plaintiff repaid the Defendants KRW 16.8 million out of the obligations based on the instant authentic deed. The remainder of the debt principal as of November 1, 2016 is KRW 9.7 million (=26.5 million - 16.8 million).

E. After the Defendants’ interior works, there were defects such as rupture, rupture, and stuff on the main floor of the instant case, and the cost of repairing such defects is KRW 1,943,973.

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 3, and 5, the result of appraisal of defects by appraiser G, the purport of the whole pleadings

2. According to the above facts of recognition, the debts based on the notarial deed of this case are 7,756.

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