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(영문) 인천지방법원 2016.11.29 2015가단245489

청구이의

Text

1. No. 876 of 2012, which was signed by the notary public against the plaintiffs by the defendant on December 3, 2012 by the law firm Samwon.

Reasons

1. Basic facts

A. On December 3, 2012, the Defendant entrusted the preparation of a notarial deed in a monetary loan agreement with the Defendant, jointly and severally liable, the Plaintiffs, loans 100 million won, and the due date of payment on November 28, 2012, and December 10, 2012, to a law firm Samwon, and accordingly, the notarial deed in a monetary loan agreement (No. 876, 2012, a notary public’s notarial deed; hereinafter “notarial deed in this case”).

At the time of preparing the notarial deed of this case, the defendant entrusted the preparation of the notarial deed of this case as the principal and the plaintiffs' representative.

B. On August 2013, Plaintiff B drafted a standard supply contract under the following E (hereinafter “instant contract”) to the Defendant:

0. E 103 Dong 404 (4th floor) (hereinafter “E 103 Dong 404”) located in F of the Incheon Cheongjin-gun where real estate is located: 0 (Supply Price and Payment Method) On September 30, 2013, Plaintiff B shall supply the above indicated property and pay the corresponding amount to Plaintiff B by the following methods:

- The sale price: 90,000,000 won (the complete payment contract). (1) At the same time as the completion, the transfer documents are delivered without any condition.

Provided, That it shall be legally prohibited from lending establishment, provisional attachment, or provisional registration.

When violating, the owner of a civil or criminal liability shall be the owner of the building.

(2) The owner of this loan contract shall consent to the transfer of the contract to another person by the defendant without any condition.

(3) 10 million won shall be treated as direct payment at a financial institution if a loan occurs after completion of construction.

C. On August 2, 2013, the Defendant: (a) drafted and issued to the Plaintiffs a “payment certificate” stating that “the amount of reimbursement: 10 million won; and (b) the amount of KRW 876-100 million under the No. 876-100, Nov. 28, 2012 of the Notarial Deed was repaid (including principal interest).

On the other hand, the defendant filed a complaint against the plaintiff C as a crime of fraud and during the investigation process, the plaintiff C and the defendant shall be Gijin-gun Incheon, around July 6, 2014.