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(영문) 대구지방법원 2018.08.31 2017가합205497
강제집행에 관한 소송
Text

1. A notary public belonging to the Seoul Northern District Public Prosecutor's Office against the Plaintiff on January 2, 2017 who belongs to the Defendant's Seoul Northern District Public Prosecutor's Office.

Reasons

1. Basic facts

A. On December 30, 2016, the Plaintiff and three representative directors D, and the Defendant concluded a contract (hereinafter “instant investment contract”) with the Defendant to invest KRW 1,00,000,000 to the Plaintiff on the following grounds:

The Defendant paid the Plaintiff the investment money under the agreement with the Plaintiff on the same day according to the instant investment contract.

The Plaintiff asserted that only 900,000,000 won was deducted from the Defendant’s prior interest of KRW 100,000,000 as the instant investment amount (as the instant loan), and the Defendant asserted that all of the instant investment amount was paid KRW 1,00,000,000. However, the Plaintiff asserts that the Plaintiff recognized the obligation under the authentic deed stated in the purport of the claim as KRW 1,00,000,000 and that all of the amount was paid as KRW 1,00,000, as seen below, the compulsory execution under the authentic deed is denied on the ground that the Plaintiff paid all the amount of KRW 1,00,000,000 as the repayment, so long as the Plaintiff seeks not to specifically find facts about the amount of money actually paid to the Plaintiff.

Article 1 (Agreement on Investment and Security) In accordance with the terms and conditions set forth in this Agreement, the defendant shall invest the plaintiff, etc. in KRW 1,000,000,000, and the plaintiff, etc. shall provide the plaintiff, etc. with the right of management as security.

Article 2 (Determination of Investment Price)

A. The defendant shall invest 1,00,000 won in the plaintiff et al., and the plaintiff et al. shall repay it to the defendant within one month from the date of conclusion of this contract, but if the plaintiff et al. fails to perform it, he/she shall transfer the plaintiff's management right to the defendant

B. (7) After the date of this contract, the plaintiff et al. shall deliver to the defendant a document that can certify 1,000,000 won and, if not repaid within one month, the defendant or the person designated by the defendant shall deliver a document that can certify 1,00,000 won.

(c) penalty (1) in addition to principal if the foregoing is not fulfilled.

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