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(영문) 대전고등법원(청주) 2015.06.09 2014나21060
청구이의
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

3.This decision.

Reasons

1. Basic facts

A. 1) The Plaintiff operating the drug wholesaler and the Defendant’s pharmaceutical company, including details of transactions between the Plaintiff and the Defendant, and the Defendant operating the pharmacy from July 2004 to November 201, 201, made a monetary loan and loan transaction with the drug transaction. 2) On November 23, 2007, the Plaintiff set up a maximum debt amount of KRW 100 million for the Plaintiff’s Cheong-gu Im2025m2 and its ground buildings owned by the Defendant, and each of the obligor’s right to collateral security.

3) On February 18, 2008, the Plaintiff: (a) issued a receipt to the Defendant stating that “the Plaintiff borrowed KRW 200 million from the Defendant and repaid it until April 15, 2008; and (b) paid damages for delay at the rate of 10% per annum in arrears; and (c) issued a notarized deed; (d) the Defendant issued a receipt to the Plaintiff on October 21, 2009, stating that “the Plaintiff received KRW 200 million from the borrowed bill issued by the Defendant of the Bank of Korea on February 18, 2008 from the borrowed bill issued by the Defendant of the Bank of Korea.”

(2) On September 15, 2010, the Defendant issued to the Plaintiff a letter to the effect that “The Plaintiff shall be liable as the guarantor of J, and the said money shall be paid to the Plaintiff by September 25, 2010,” the Defendant issued a letter to the effect that “The Plaintiff shall be paid to the Plaintiff by September 25, 2010,” and that “the Plaintiff shall be paid to the Plaintiff by September 25, 2010, KRW 215,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,00,000 won.”

(2) On July 4, 2012, the Plaintiff: (a) based on the notarial deed of the Promissory Notes of this case, the Cheongju District Court 2012Tju Co. 5270, the Defendant’s Republic of Korea.

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