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(영문) 창원지방법원통영지원 2019.08.27 2018가단23857

청구이의

Text

1. In June 20, 2017, a notary public against the Plaintiff (Counterclaim Defendant) of the Defendant-Counterclaim Plaintiff prepared by C Law Firm on June 20, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On March 2, 2016, the Defendant completed the ownership preservation steam with respect to the building in common city, and operated F in the said building E (hereinafter “instant commercial building”) from September 2016.

B. G, upon having decided to take over the above F from the Defendant, the Plaintiff’s wife agreed to lease the instant commercial building from the Defendant, and paid 180 million won to the Defendant at the expense of acquiring the existing seal, etc. Accordingly, on May 24, 2017, G, with respect to the acquisition cost of KRW 180 million, such as royalties, to the Defendant, KRW 180 million (the repayment of KRW 90 million on November 30, 2017, and the remainder on May 30, 2018) of the loan certificate (hereinafter “the loan certificate of this case”), and concluded the lease contract of this case between the Defendant and the lease term of KRW 25 million on May 30, 2017, KRW 180,000,000 from May 30, 2017 to KRW 180,000,000,000 from May 30, 2017.

C. Since then, G obtained a lease contract from the Defendant to make a business registration in the name of the Plaintiff, and thereafter registered the Plaintiff as the Plaintiff’s trade name on June 1, 2017, using it, as “H” in the name of the Plaintiff, and thereafter, G operated F in the instant commercial building from around that time.

G, June 20, 2017, with respect to the acquisition cost of KRW 180,000,000,000,000,000,000,000,000,000 to the Defendant: (a) on November 30, 2017, the Defendant borrowed KRW 180,000 from the obligee; (b) on November 30, 2017, the obligor repaid KRW 90,000,000,000; and (c) on May 30, 2018, if the obligation is not performed, the said obligation shall be deemed to have no objection even if compulsory execution is performed (hereinafter “notarial deed of this case”).

In the notarial deed of this case, the plaintiff is a joint guarantor, and G is written respectively as the plaintiff's agent, and the plaintiff's seal imprint is affixed.