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(영문) 인천지방법원 2016.05.24 2014가단73625
양수금
Text

1. The defendant shall simultaneously make a refund of promissory notes as stated in the attached Form C from the plaintiff and shall simultaneously make them jointly with C, and shall be 30,000.

Reasons

1. Basic facts

A. On March 19, 2012, the Defendant borrowed KRW 30 million from the male wounded company on March 19, 2012 while the Defendant received and operated a head office around March 2012.

(hereinafter “instant loan claim”). (b)

The Defendant and C issued a promissory note with each of the Seoul Special Metropolitan City (hereinafter “instant Promissory Notes”) on March 19, 2012, on which the date of payment is fixed, at sight, at issue, at issue, at the place of payment, and at the place of payment, at each of the issuers (hereinafter “instant Promissory Notes”) for the payment of the above loans owed to the Defendant, D, C, and the payee for a limited liability company. On July 19, 2012, a notary public drafted a notarized deed on the instant Promissory Notes (No. 387, 2012) by a law firm’s claim.

C. On March 22, 2013, the Plaintiff paid KRW 30,000,00 for the repayment of the instant loan claims to a limited liability company and wounded veterans, and drafted an assignment contract with the said company. The main contents are as follows.

Article 1 (Transfer Claim) A (Limited Liability Company A) transferred to B (Plaintiff) the following claims, which it has against C (Defendant and C), and Eul acquired.

- sound - The entire claim for alcoholic beverage loan held by Byung (No. 387, 2012)

D. The Plaintiff notified the Defendant of the transfer of claim concerning the instant loan claims through the service of the written application for the instant payment order.

E. On September 14, 2015, the Defendant: “The Plaintiff and E, by deceiving the Defendant on or around March 20, 2012, acquired KRW 30 million by deceiving the Defendant; the Plaintiff and E, on behalf of the Defendant, did not have repaid KRW 30 million to the South and North Korean Injury Corporation on behalf of the Defendant, and instead, applied for a false payment order against the Defendant to the court seeking payment of KRW 30 million against the Defendant on August 25, 2014, thereby deceiving the court, thereby deceiving the Defendant, thereby deceiving the Defendant to obtain the above amount of money. However, the Defendant did not have attempted to have attempted to do so with the wind that the Defendant raised.”

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