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(영문) 청주지방법원 2019.04.03 2018가합142
약정금
Text

1. The Defendant’s KRW 36,820,00 for the Plaintiff and KRW 5% per annum from February 15, 2018 to April 3, 2019.

Reasons

Facts of recognition

In around 209, the Defendant was responsible for the chairman of the C college establishment promotion committee. However, the Plaintiff and the Defendant together carried out the procedures for the selection and authorization and permission for the establishment of C college. On June 10, 2009, the Plaintiff purchased from D the Plaintiff KRW 1418 square meters and KRW 509 square meters (hereinafter collectively referred to as “instant land”).

From around 2009 to 2015, the Defendant borrowed money from the Plaintiff or repaid money to the Plaintiff on several occasions under the pretext of business funds, expenses for promoting the establishment of the C college, etc. In the process, each of the following “notarial deeds of debt repayment” was drawn up:

Around February 22, 2011, the Defendant approves that the Plaintiff bears the obligation of KRW 20 million according to the loan certificate agreement from February 22, 201, and that the Defendant shall pay in cash not later than May 22, 2011, and that there is no objection even if compulsory execution is conducted immediately.

No. 219 of document No. 201, February 22, 2011, issued by a notary public, on December 24, 2013, the Defendant approved that the Plaintiff bears the obligation of KRW 173,000,000 as stated in the separate payment note by means of a loan under a monetary loan agreement with the Plaintiff on December 24, 2013. By January 30, 2014, the Defendant shall make a payment in cash until January 30, 2014, and when the Defendant delays the repayment of the above amount, the amount of delay shall be paid to the Plaintiff at a rate of 20% per annum for the delayed amount, and if the Defendant fails to perform it, it is recognized that there is no objection

A notary public of H Law Firm No. 2446 of December 24, 2013 approves that a notary public of the No. notarial deed No. 2446 of H Law Firm No. 2013 bears the obligation of KRW 52 million as stated in the separate payment note with a loan borrowed under a monetary loan agreement on December 16, 2014, and that a notary public of the No. notarial deed No. 20146 of December 26, 2014 bears the obligation of KRW 52 million as stated in the separate payment note against the plaintiff on December 16, 2014; and 10 million as of the end of December 2014.

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