청구이의
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The counterclaim of the Defendant (Counterclaim Plaintiff) brought at the trial shall be dismissed.
1. Basic facts
A. A Co., Ltd. (hereinafter “A”) operated the sales service of B as a company that manufactures, processes, and sells various food and beverage products, and from August 201, it operated the sales service by being entrusted by the Colur Development Co., Ltd. (hereinafter “Colur Development”) (hereinafter “Colur Development”).
From July 201, the defendant has been engaged in business facilities maintenance and management business, guard service business, etc., and has been ordered by A to employ sales workers (including field support personnel) in trains from July 201 to deal with them.
B. On July 27, 2012, A issued to the Defendant one promissory note with the Defendant as the Defendant on July 27, 2012, for the payment of loans and service charges. < Amended by Presidential Decree No. 23548, Jul. 27, 2012; Presidential Decree No. 23790, Sep. 30, 2012; Presidential Decree No. 23748, Sep. 30, 2
On July 30, 2012, A and the Defendant had a notary public prepare a notarial deed on the said promissory note (hereinafter referred to as “instant notarial deed”) as the notarial deed No. 2418 of the Gangnam-do Joint Law Office.
C. On October 23, 2012, the Defendant drafted a debt certificate with the following content (hereinafter “instant debt certificate”) to A, and accordingly, A remitted KRW 50 million to the Defendant on October 26, 2012.
The defendant of the debt certificate of this case confirms that he will fully discharge A's remaining obligations by receiving A's claims of KRW 180,000,000 among KRW 50,000,000, and will not make any civil or criminal claims with respect to the above claims in the future.
However, on October 25, 2012, this part was later changed to " October 26, 2012".
In the event that no deposit is made to the following accounts by no later than 24 days, it is confirmed that all the matters of this Certificate are null and void:
On April 11, 2013, the Defendant issued a collection order based on the Notarial Deed of this case to the Seoul Western District Court No. 2013TTTT 2004 regarding sales proceeds and contract deposit claims.