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(영문) 대전지방법원공주지원 2017.06.14 2017가합20070
청구이의
Text

1. The Defendant’s Korean NotariesC on May 11, 2015.

Reasons

1. Basic facts

A. On May 11, 2015, the Plaintiff and the Defendant drafted a written agreement (hereinafter “instant agreement”) with the following terms and conditions, and on the same day, an authentic deed of a monetary loan agreement with the effect that “the Plaintiff borrowed KRW 250 million to the Defendant on May 11, 2015, and repaid it by May 10, 2016” (hereinafter “notarial deed of this case”).

The debt amounting to KRW 400 million between D and B shall be terminated by A to pay KRW 200 million within one year from the date of notarial act on behalf of the debtor D.

By doing so, B withdraws civil and criminal complaints against D and does not perform any collection act.

A who promises to pay a substitute shall not establish an additional plan for land and buildings in E in Chungcheongnam-si, Chungcheongnam-si, and shall notify B at the time of sale and purchase and preferentially pay the purchase price to B.

B. On May 15, 2015, the Defendant appeared at the Daejeon Police Station at Daejeon, stating that D or the Plaintiff would cancel the complaint against D, and that on May 18, 2015, the Defendant affirmed the complaint by again stating that D or the Plaintiff would not believe the implementation of the agreement with D or the Plaintiff.

C. Ultimately, D was sentenced to seven years of imprisonment at the Daejeon District Court on January 12, 2017 and issued a compensation order to the Defendant for payment of KRW 56,00,000 to the Defendant, on the charge of deceiving the Defendant, by deceiving the Defendant, “if he/she lends the oil purchase fund, he/she will make the amount to 7% of the monthly loan amount as profit.” From August 9, 2013 to May 12, 2014, by means of remitting the total amount of KRW 556,00,000 from the Defendant.

On the other hand, based on the instant notarial deed, the Defendant collected KRW 12 million from the Plaintiff around August 18, 2016, and KRW 1.5 million around February 2, 2017, respectively, on the basis of the instant notarial deed, and applied for a compulsory auction on F’s real estate owned by the Plaintiff.

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