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Reasons
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(영문) 수원지방법원성남지원 2015.05.29 2015가합200124
청구이의
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1. The Defendant’s notary public against the Plaintiff No. 62 of the 2014 deed, 2014, drawn up by the two law firms on March 4, 2014.

Reasons

1. Basic facts

A. On March 4, 2014, the Plaintiff entered into a lease agreement with the Defendant to pay the lease deposit amount of KRW 30 million, KRW 350,000,000 per month from March 10, 2014 to March 9, 2015, and KRW 30 million from the lease deposit money to September 30, 2014 (hereinafter “instant lease agreement”).

B. On the same day, the Plaintiff purchased all the machinery, tools, and auxiliary materials owned by the Defendant (hereinafter “instant machinery, etc.”) including the medical appliances in the instant plant, including the Defendant and the Plaintiff. Of the down payment of KRW 60 million, KRW 10 million,000,000,000 on the date of the contract, and KRW 20,000,000,000 until March 31, 2014, and paid KRW 30,000 until April 31, 2014, and concluded a sales contract to pay the remainder of KRW 30 million by July 31, 2014 (hereinafter “instant sales contract”). In combination with the instant lease contract, the Plaintiff concluded the sales contract (hereinafter “each of the instant contracts”).

C. On March 4, 2014, the Plaintiff paid KRW 10 million to the Defendant (hereinafter “instant KRW 10 million”) and, in order to secure the payment of KRW 110 million remaining, excluding the instant KRW 10 million out of the lease deposit amount of KRW 30 million of the instant lease agreement and the purchase price of KRW 90 million of the instant sales contract, the Plaintiff prepared a monetary loan agreement with the Defendant to borrow KRW 110 million from the Defendant until September 30, 2014 to the due date for payment. On the same day, the Plaintiff signed a notarized deed on the said monetary loan agreement (hereinafter “notarial deed”) with a notary public law firm No. 62 of 2014.

The Plaintiff moved into the instant factory on or around March 10, 2014, but thereafter notified the Defendant of the waiver of the instant KRW 10 million and the cancellation of each of the instant contracts on or around April 10, 2014.

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