logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2020.05.21 2019가합6970
청구이의
Text

1. The Defendant’s notary public against the Plaintiffs, No. 702, 2017, written by D on October 27, 2017.

Reasons

1. Facts of recognition;

A. Around 2017, Plaintiff A recommended F to make an investment of KRW 300 million in order to raise funds for the construction of a new building located in Osan-si E, Osan-si, and the introduction of F made an agreement between the Defendant and the Defendant that “the Defendant shall invest KRW 300 million in the Plaintiff, and the Plaintiff A shall pay KRW 300 million in the investment principal and KRW 100 million in the profits to the Defendant” (hereinafter “instant agreement”).

B. On October 27, 2017, in order to guarantee the return of the investment amount under the instant agreement, the Plaintiffs prepared and executed a notarial deed of a monetary loan agreement for consumption (hereinafter “notarial deed of this case”) with the content that “Defendant shall lend KRW 300 million to Plaintiff A on October 27, 2017,” which read that “The Plaintiff shall pay KRW 300 million to Plaintiff A by December 31, 2018. Plaintiff B shall stand a joint and several surety for the said obligation of Plaintiff A” (hereinafter “instant notarial deed”).

C. The Defendant wired the sum of KRW 300 million to the Hbank account in the name of “F (G)” (hereinafter “instant account”) from October 31, 2017 to December 6, 2017 for the payment of the investment amount under the instant agreement, and the F wired the said money to the Plaintiff’s account in the name of “F (G)” from November 1, 2017 to December 6, 2017.

After that, the Plaintiffs remitted total of KRW 300 million, including KRW 20 million on July 25, 2018, KRW 70 million on August 13, 2018, KRW 50 million on September 5, 2018, KRW 100 million on November 16, 2018, KRW 20 million on November 29, 2018, and KRW 300 million on November 29, 2018, to the instant account under the name of the Defendant for the return of the investment principal. The Plaintiffs remitted KRW 50 million on January 31, 2019 to the account under the name of the Defendant.

E. Meanwhile, on the ground that the Defendant received KRW 50 million from the Plaintiffs, filed an application for compulsory auction against J apartment and K with the Suwon District Court I on the basis of the instant notarial deed, for which the Defendant filed an application for compulsory auction against the Plaintiff’s J apartment and K, and the said court rendered a decision to commence compulsory auction on April 8, 2019.

【No dispute over the basis for recognition”, and the evidence Nos. 1, 2, 3, 6, and 7 (including branch numbers; hereinafter the same shall apply).

arrow