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(영문) 창원지방법원진주지원 2019.12.18 2018가단5993

청구이의

Text

1. The Defendant’s notary public against the Plaintiff (Law Firm C, August 22, 2017) No. 408, 2017.

Reasons

1. Facts of recognition;

A. 1) On January 8, 2016, between D and E, 1) A and E, a notary public, on January 8, 2016, the effect that “D has determined and lent KRW 300 million to E on January 8, 2016 as the due date for payment of the interest amount of KRW 400,000 (payment on April 8, 2016)” (hereinafter referred to as “first notarial deed”).

2) Around January 8, 2016, E leased from F Co., Ltd. the second floor of G Building 809.13 square meters (hereinafter “instant restaurant”) on the instant restaurant, and on January 27, 2016, E completed the registration of the establishment of chonsegwon with a deposit money of KRW 330 million on the instant restaurant.

B. On November 4, 2016, D transferred 300 million won loan claims to H based on the notarial deed No. 1, 2016, to H. 2) H transferred on July 20, 2017 the loan claims of KRW 300,000,000, H transferred to the Plaintiff upon the above transfer. However, as based on the 1notarial deed, the transferor under the transfer contract (Evidence 11-1) between H and the Plaintiff is written as H, but the obligee is written as D;

On the same day, notice of transfer was given to E.

C. 1) E, such as the preparation of a notarial deed between the Plaintiff, the Defendant, and the E, repaid to D KRW 20 million out of the debt amount of KRW 300 million based on the notarial deed No. 1. On August 22, 2017, the Plaintiff and the E, a notary public, on August 22, 2017, provided that “E shall pay to the Plaintiff the debt amounting to KRW 280 million based on the 1notarial deed that the transferor transferred to the Plaintiff by January 2, 2018, and pay interest KRW 3.8 million by January 2, 2018” (hereinafter referred to as “2 authentic deed”).

2) On August 22, 2017, the Plaintiff and the Defendant: (a) on August 22, 2017, the Defendant was due on August 22, 2017, as the notary public No. 408 of C’s 2017, for the Plaintiff on August 22, 2017, KRW 120 million.