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(영문) 수원지방법원 안양지원 2018.04.25 2017가단117662

청구이의

Text

1. The Defendant’s claim against the Plaintiff for the Republic of Korea District Court Order No. 2015 tea2390 dated September 24, 2015.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant came to know from November 2008, and borrowed total of KRW 900,000,000 from the Defendant on February 25, 2009 and KRW 600,000 on February 27, 200.

As the Plaintiff was unable to repay the above loan repayment obligation, the Defendant demanded repayment, and on October 6, 2009, the Plaintiff issued to the Defendant a promissory note, which is Seoul, at the face value of KRW 2,00,000,000 with the above loan principal and interest KRW 1,10,000, the due date, December 5, 2009, the place of issuance, the place of payment, and the place of payment.

B. Around December 2011, the Plaintiff and the Defendant agreed to locate the property through the Plaintiff’s so-called “the excavation of the land for early use” and to invest in the Defendant’s rooftop business, and the Plaintiff drafted an agreement on January 30, 2012 with the Defendant and D, respectively.

On February 9, 2012, the Defendant paid KRW 300,000 to the Plaintiff as the expense for the appointment of an attorney-at-law in relation to “the excavation of the land as early as possible,” and the Plaintiff and the Defendant provided legal counseling with respect to the excavation of the land as early as possible with a certified judicial scrivener and the said money. After that, the Plaintiff drafted an agreement on March 30, 2012 with the Defendant and C as well as the joint agreement dated January 30, 2012. (c) The Defendant did not provide any further help with respect to the “the excavation of the land as early as possible.” Around April 2012, the Plaintiff said agreement to the Plaintiff, and around October 15, 2012, filed a lawsuit for the cancellation of registration of ownership preservation against the Republic of Korea as Seoul Central District Court Decision 2012Ga278357 on behalf of the Plaintiff.

The defendant, who became aware of such a form of litigation, set up a written statement of performance in attached Form 3 with the defendant and D on March 29, 2013. D.

As the Plaintiff did not pay the amount of promissory note stated in the foregoing paragraph, the Defendant urged the Plaintiff to repay the amount, and on April 26, 2013, the Plaintiff drafted a payment note stating that “2,300,000 won was not paid until April 10, 2013, and the Plaintiff would repay KRW 2,300,000 to the Defendant until May 25, 2013.”

E. The plaintiff is entitled to the preceding paragraph.