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Reasons
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(영문) 청주지방법원충주지원 2016.01.14 2014가합3535
제3자이의
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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Agreement between E and the Plaintiff (Counterclaim Defendant) was concluded on March 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts constituting the premise of the dispute

A. On November 28, 2013, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) drafted a notarial deed for money loan contract for security for transfer security (Evidence A) that read “a Plaintiff lends KRW 100 million to E according to the agreement entered in the loan certificate on June 18, 2012, and transfers the ownership of corporeal movables (hereinafter “instant corporeal movables”) recorded in the attached list to the Plaintiff to secure this.”

Separate from the foregoing notarial deed, on June 17, 2013, the Plaintiff loaned KRW 100 million to E (No. 3-1), and the loan certificate of KRW 200 million (No. 3-2 is written only as of November 2013, 2013) were written, respectively, and the written contract for transfer of security (No. 2) signed on November 28, 2013, which was concluded on November 28, 2013, that the Plaintiff transferred the ownership of the instant corporeal movable property to the Plaintiff for the purpose of securing all obligations owed by E at present and in the future.

B. The details of money remittance (1) from the bank account under G to the E bank account, ① KRW 20 million on November 6, 2013, ② KRW 10 million on November 20, 2013, ③ KRW 10 million on December 20, 2013, ④ KRW 10 million on January 20, 2014, ⑤ KRW 50 million on January 24, 2014, ⑤ KRW 30 million on March 24, 2014, KRW 30,000 on KRW 30,000 on April 28, 2014, KRW 80,000 on KRW 40,000 on KRW 70,000 on April 28, 2014, KRW 200,000 on KRW 94,700 on May 14, 2014, and KRW 700,000 on the account.

(2) From the bank account under G’s name, the bank account under the name of KONEX Co., Ltd. (hereinafter “KON”) was transferred KRW 30 million on December 19, 2013, KRW 12 million on December 20, 2013, KRW 30 million on December 24, 2013, and KRW 10 million on December 24, 2013, respectively.

(3) The name of the Plaintiff.

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