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(영문) 인천지방법원 2015.05.19 2014가합9348
청구이의
Text

1. Promissory notes No. 127, 2010, No. 127, dated April 6, 2010, issued by the Defendant’s notary public against the Plaintiffs.

Reasons

1. Basic facts

A. On April 6, 2010, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) and Plaintiff B borrowed money from the Defendant on D’s own initiative, and issued a promissory note with a face value of KRW 42 million on and October 6, 2010. On the same day, in order to guarantee the payment of the said promissory note, a notary public, with the following contents, prepared and issued a notarized bill No. 127 of April 6, 2010 (hereinafter “instant authentic deed”).

The issuer: The agent of the Plaintiff Company and the issuer B: The agent of the issuer of the Defendant, etc. is the issuer and the name and seal of the bill attached to this certificate, and there is no objection even if he/she is subject to compulsory execution immediately when he/she delays the payment of the bill.

B. Since then, the Plaintiffs repaid to the Defendant obligations under the instant notarial deed as follows.

(A) The payment amount of KRW 151,365,030 on October 30, 2012 (the sum of the payment amount of KRW 374,014,838) is KRW 374,00 on March 6, 2010, June 8, 2010; July 6, 2010; KRW 15 million on September 2, 2010; KRW 3,030 on July 31, 2012 (the Defendant received KRW 5964 from the Incheon District Court in 2012; hereinafter referred to as “instant deposit”).

(4) On October 1, 2013, KRW 50 million, KRW 5,00,000) 6,00 on November 38, 2013, KRW 78,671,108, KRW 6) 7,00 on December 3, 2013, 2013 ( KRW 7,850,330, KRW 7), June 17, 2014, KRW 17,91,640, KRW 8,00 on June 25, 2014, 8) 4,136,730 on August 5, 2014 (the ground for recognition) / [the ground for recognition] without any dispute, each entry in the evidence set forth in subparagraphs 1, 3, and 8, and the purport of the whole pleadings.

2. The parties' assertion

A. In addition to the above KRW 374,014,838, the Plaintiffs alleged to the Defendant, as well as the above KRW 31,200,000,000 to the Defendant’s passbook F of D, the main agent of April 6, 2010, the Plaintiffs paid more than KRW 31,20,000,00 to the Defendant. As such, the obligations under the instant Notarial

(2) The sum of the amounts claimed by the plaintiffs shall be KRW 405,214,838).

The defendant's assertion was not delivered to the defendant 31.2 million won which was transferred to the passbook of the F.

In addition, on November 2, 2012, G is himself.

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