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(영문) 춘천지방법원 강릉지원 2018.06.19 2017나31460
청구이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. From March 2012 to November 201 of the same year, the Defendant is a company that has installed equipment of the Yangyang-gun Agricultural Technology Center C, and the Plaintiff was working as a person in charge of the said C Center from January 2012 to July 6, 2014.

B. On September 2012, the Defendant, upon the allocation of the budget from the Yangyang-gun in the future, kept the equipment of lurier (hereinafter “the instant lurier”) next to the building of the said C Center (hereinafter “the instant lurier”). However, the Yangyang-gun did not allocate the budget for the instant lurier construction by 2014.

C. The Plaintiff was transferred to a DMyeon Office on July 7, 2014, and Yangyang-gun was transferred to the same year from January 2015.

3. The instant locker discarded the instant locker.

Accordingly, around June 2015, the defendant filed a complaint against the plaintiff for embezzlement on the ground that the plaintiff arbitrarily disposed of the instant Oralone.

On July 10, 2015, the defendant issued a notarial deed that is compensated for losses from the plaintiff, and withdrawn the above complaint.

E. On July 13, 2015, the Plaintiff prepared and issued a notarial deed of a monetary loan agreement for consumption (hereinafter “notarial deed of this case”) stating that “The Plaintiff borrowed KRW 30 million from the Defendant, from July 30, 2015 to February 28, 2017, the Plaintiff shall pay KRW 1.5 million each month from July 30, 2015 to February 30, 2017, and if the obligation is not performed immediately, the Plaintiff shall be deemed to have no objection thereto” (hereinafter “notarial deed of this case”).

F. On December 6, 2016, the Defendant filed an order for the seizure and collection of the instant authentic deed with the Seocho District Court Branching 2016TTTTT 2016TT 5736 as the executive title, and received the seizure and collection order on December 20, 2016. The Plaintiff appealed against this court’s order as 201, but the appeal was dismissed on March 28, 2018, and the above order for seizure and collection became final and conclusive on April 25, 2018.

[Reasons for Recognition] Unsatisfy, substantial facts in this court, Gap's Nos. 1, 3, 4, 6.

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