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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a doctor who operated C Hospital (hereinafter "the instant hospital") in the Jeon Chang-gun from March 22, 2004 to May 23, 2005, and the plaintiff is D's Cho Chang-gun, who was a person in charge of the financial affairs of the said hospital.
B. The amount as listed below was transferred to the account (Account Number E, hereinafter “instant account”) in the name of the Defendant in the previous North Korean bank account (hereinafter “instant account”).
[Attachment 47,400,000 on April 7, 2005, Plaintiff 30,000 on May 4, 2005, 14,250,25,250, and Plaintiff 4 “30,000,000” 5 “2,000,000,000 H 6: (10,000 on May 30, 2005; (2) 30,000,000 G 7, 200,000 on June 10, 2005, Plaintiff 10,000,00G 8,60,000,000 on June 13, 200, 100, 100,00G 9,000,000 on June 10, 205, 105, 1007, 1005, 2005.
C. On July 6, 2006, D entrusted a notary public with the preparation of a notarial deed of debt repayment contract (Quasi-Loan for Consumption) No. 2282, No. 2006, as the agent of both the plaintiff and the debtor and the original defendant, as the agent of both the original defendant, (hereinafter “notarial deed of this case”). The specific contents of the said notarial deed are as follows.
Article 1: On July 6, 2006, the debtor, as of June 30, 2004, proposed to approve that the debtor's obligation for loans is KRW 150,000,000 to the creditor based on the loan certificate as of June 30, 204, and that the creditor shall pay in accordance with the following provisions, and accepted this.
Article 2 (Period and Method of Performance) Full Repayment shall be made not later than June 30, 2006.
Articles 3 (Interest) and 5 (Damages for Delays): None of the descriptions
D. On June 30, 2004, the notarial deed of this case is accompanied by a loan certificate under the name of the defendant on June 30, 2004, and the amount: 150 million won, interest and interest interest: None, and the due date for payment: June 30, 2006; and the seal of the defendant is affixed on the name of the defendant.
E. From November 10, 2006 to April 10, 2008, the Defendant paid 27 million won per month to the Plaintiff for a period of 18 months.