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(영문) 창원지방법원 2013.09.11 2012가합860

채무부존재확인및청구이의

Text

1. The Plaintiff’s Certificate No. 530, April 22, 2011, No. 530, 201, written by a notary public against the Defendant.

Reasons

1. Basic facts

A. On July 2010, the Plaintiff became an attorney-at-law and became aware of the Defendant in the course of accepting and defending the Defendant’s larceny case.

B. On April 22, 2011, the Plaintiff and the Defendant drafted a notarial deed of debt repayment contract (hereinafter “notarial deed of this case”) with the certificate No. 530 issued by a notary public in the 2011 joint law office, and its main contents are as follows.

Article 1 (Period and Method of Repayment) of the Notarial Deed of Debt Repayment Contract, which the Plaintiff borrowed 700 million won from the Defendant on April 22, 201, from the Defendant on the loan of KRW 200 million and KRW 500 million on the loan of KRW 500 million, the Plaintiff shall pay this obligation to the Defendant on May 31, 201 (by no later than the due date and method).

Article 3 (Interest) Interest shall be paid at the rate of 24% per annum on the 222th day of each month.

Article 4 (Place of Performance) The place of performance of obligation shall be the domicile of the defendant or the business office of the defendant.

Article 5 (Compensation for Delay) When the Plaintiff delays the repayment of the above amount, damages for delay shall be paid at the rate of 30% per annum for the delayed amount.

Article 9 (Recognition and Recognition of Compulsory Execution) When the plaintiff and the joint guarantor fail to perform the monetary obligation under this contract, they recognize that there is no objection even if they are subject to compulsory execution.

C. On November 11, 201, the Defendant applied for the seizure of golf membership owned by the Plaintiff as the claim amounting to KRW 812,485,495, total amount of principal, interest, and delay damages arising from the said notarial deed to the Busan District Court. On November 14, 201, the Defendant received the attachment order issued by the Busan District Court 201TTT 37842, and on February 16, 2012, the Defendant received KRW 83,402,005 from the Busan District Court C dividend procedure.

On the other hand, on July 11, 201, the Plaintiff prepared a complaint with the Busan Coast Guard and submitted it to the Busan Coast Guard to the effect that “the Defendant, by deceiving the Plaintiff and by deceptioning the right to lease on a deposit basis equivalent to KRW 200 million, thereby punishing the Defendant.” Rather, the Plaintiff submitted it from the Busan District Prosecutors’ Office.