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(영문) 수원지방법원 2016.01.29 2014가합71715

청구이의

Text

1. The Defendant’s notary public against the Plaintiff shall take notes, No. 614, 2013, drafted on August 9, 2013.

Reasons

1. On August 5, 2013, the Plaintiff issued and delivered to the Defendant a promissory note, the face value of which is KRW 305,00,000, and the due date of which is October 20, 2013 (hereinafter “instant promissory note”). On August 9, 2013, a promissory note notarial deed stating the purport that no objection is raised even if the Plaintiff is subject to compulsory execution based on the said promissory note (hereinafter “instant notarial deed”) may be acknowledged by considering the overall purport of the pleadings as a whole in the statement in subparagraph 1.

2. The assertion and judgment

A. The Plaintiff’s obligation based on the Promissory Notes in the instant case is upon the Defendant’s request that the Plaintiff repay KRW 98,00,000 to C, which is the Defendant’s obligee, and the Plaintiff repaid KRW 201,00,000 from September 201 to May 2014 by remitting KRW 201,00 to the account designated by the Defendant. On April 2013, 2013, the enforcement based on the notarial deed in the instant case is all extinguished by providing the Defendant with a vehicle equivalent to KRW 9,70,000.

B. (1) According to the statement in Gap evidence Nos. 2, 3, 4, and 6 (including serial numbers; hereinafter the same shall apply), the plaintiff issued to C a promissory note with a face value of KRW 100,000,000 at its face value, and the due date of December 12, 2013, and remitted a total of KRW 98,000,000 to C’s deposit account from March 25, 2014 to April 15, 2014. The defendant sent text messages to the plaintiff to transfer money to the above bank account. The plaintiff sent to 00,000 won to 30,000,000 won to 300,000 won as above, and according to the fact that the defendant remitted the money to the above bank account from February 11, 2014 to May 2, 2014, 2000, 300,000 won as above.

(2) As to this, the Defendant shall have the Promissory Notes of this case.