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(영문) 의정부지방법원 2018.07.13 2017가합1001

청구이의

Text

1. The Defendant’s notary public against the Plaintiff No. 17 of the 2016 deed drawn up by the Defendant on June 3, 2016.

Reasons

1. Basic facts

A. On July 9, 2015, the Defendant entered into an entrustment management agreement for the “D” care house operated by the Plaintiff’s wife C, and paid deposit KRW 500 million to the Plaintiff.

The Plaintiff and the Defendant agree to terminate the consignment management contract concluded on July 9, 2015 with respect to the operation of F stores within the E resting area as follows:

§ 1. (Refund of Termination upon Termination of Agreement)

1. The Plaintiff and the Defendant shall terminate the obligation to return the deposit by returning the final amount of KRW 440 million, calculated by taking into account all the circumstances, out of KRW 500,000,000 that the Plaintiff received from the Defendant.

2. The Plaintiff’s KRW 4 million shall be paid on June 1, 2016, and the remainder KRW 396 million shall be paid to the Defendant by July 10, 2016.

The Plaintiff shall endeavor to repay the said KRW 396 million, as the funds are raised, even before the date of payment ( July 10, 2016).

3. C covers the Plaintiff’s obligation to return the deposit to the Defendant.

4. On July 10, 2016, the Plaintiff and C shall prepare and deliver to the Defendant a promissory note No. 396 million won on the date of payment, with the face value of the said KRW 396 million.

5. The Defendant received the return of the said KRW 40 million and confirmed that the Defendant was fully obligated to refund the deposit under the consignment management contract as of July 9, 2015, and thereafter, did not make any further claim against the Plaintiff.

Article 2 (Loss of Validity of Entrusted Management Contract) The plaintiff and the defendant confirm that the entrusted management contract of July 9, 2015 was terminated by this Agreement.

After the payment of KRW 440 million deposit has been implemented, the plaintiff and the defendant will not raise any objection, such as civil and criminal proceedings, with respect to the entrusted management contract and entrusted management process as of July 9, 2015, and the termination of this agreement.

B. The Plaintiff on June 1, 2016