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(영문) 청주지방법원 2016.01.20 2015가단106356
청구이의
Text

1. The Defendant’s notary public against the Plaintiff, No. 388, Nov. 14, 2014, No. 388, 2014.

Reasons

1. The Plaintiff, as a staff member of D, was in charge of the sales agency business of the E-cooperative apartment, and the Defendant and F served as an employee of the Public Relations Team.

On November 14, 2014, the Plaintiff borrowed KRW 50 million from the Defendant and F, each of which is KRW 10 million, and determined on May 14, 2015, which is six months after the due date, as the condition that the Plaintiff redeems KRW 200 million (Defendant 100 million, and F.10 million) at the due date.

On the same day, the notarial deed written in the order was prepared for the above borrowed money, and the F delegated the defendant to receive F's share from the plaintiff, and the above creditors on the notarial deed are written only by the plaintiff.

The above notarial deed does not contain any statement in the interest rate for delay.

On December 5, 2014, the Plaintiff borrowed 50 million won from the Defendant in addition, and determined the due date after six months.

The above KRW 50 million was transferred by account transfer to the Plaintiff in the name of G.

On February 25, 2015, G and the Defendant requested the Plaintiff to provide KRW 100 million, stating that “If the Plaintiff returns KRW 50 million paid to the Plaintiff in the name of G, and KRW 50 million paid to the Plaintiff, KRW 100 million to the Plaintiff within a week, 10 million shall be returned again to the Plaintiff.”

As to this, the Plaintiff refused to pay the money after May 2015 with six months after the due date. However, the Plaintiff accepted the repeated request made by G and the Defendant, and paid KRW 100 million around March 4, 2015.

However, G and the defendant did not return 10 million won thereafter to the plaintiff again.

Based on the above notarial deed, the Defendant received an order of seizure and assignment with respect to the Plaintiff’s claim to return the lease deposit against H, and appropriated 16 million won for the above notarial deed.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 7, 9, 10, 11, 12-14, and Eul evidence Nos. 2 and 3, witness I and J testimony.

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