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(영문) 부산지방법원 2018.04.04 2017가합47034

청구이의

Text

1. The defendant's legal ethics against the plaintiffs was prepared on May 23, 2017, No. 427 of the 2017.

Reasons

1. Basic facts

A. The relationship between the parties 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”).

A) A company is established for the purpose of Jeonsese Passenger Transport Business, etc., and Plaintiff B is the representative director of Plaintiff A, and the Defendant was employed from August 20, 2010 to the above A and resigned from office around May 2017 (the Defendant was appointed as an internal director on October 4, 2013 to Plaintiff A, but resigned on February 2, 2015.

(2) The Plaintiffs borrowed money from the Defendant from January 201 to April 2017 and repeated several times to repay part of the money.

B. 1) The Plaintiff A’s representative director B, the Defendant, and the Defendant’s agents’ son D’s children on May 22, 2017, including an agreement with the effect that “as of May 20, 2017, Plaintiff B’s borrowing money to the Defendant, as of May 20, 2017, a notarial deed of a monetary loan agreement with KRW 892 million is prepared, and this agreement shall also be certified as a deed signed by a private person. However, if there is any change in the amount of the notarial deed through the accurate source of proof, the notarial deed shall be prepared again” (hereinafter “instant agreement”).

2) On the same day, the Plaintiff B and the Defendant drafted an agreement (hereinafter “instant agreement”) stating that “after transferring the Plaintiff’s vehicle to a newly established chartered bus enterprise, the Plaintiff B and the Defendant confirmed the loan amount incurred between the Plaintiff and the Plaintiff based on fair data, such as account transfer details, etc., on the basis of the fair data, including the details of account transfer.”

The above agreement was accompanied by the Plaintiff B’s certificate of personal seal impression and the Defendant’s certificate of personal seal impression.

C. “Preparation D of Notarial Deed” is, on May 23, 2017, 120, 12% of the maturity period for the Plaintiff on May 20, 2017, the Plaintiff, the debtor, the Plaintiff, and the joint and several sureties B as the representative of the obligee, the debtor, and the joint and several sureties.