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광주지방법원 2015.05.07 2014가합50083

청구이의

Text

1. The defendant's notary public against the plaintiff was 2012 No. 846 of the 2012 Law Firm Barun.

Reasons

1. Basic facts

A. The relationship between the Plaintiff, C, and the Defendant’s birth 1) from early 2008, the Defendant, as the representative director, operated the secondhand in the name of “F” in the name of “F” by leasing land of Gwangju Mine-gu E from Company D, the Defendant, as the representative director. From July 1, 2008, the Plaintiff operated the secondhand in the name of “H” in the Gwangju Mine-gu, G in the vicinity of the said land from July 1, 2008. The Plaintiff borrowed the secondhand metal expenses from the Defendant while operating F.C., and on February 13, 2009, the Defendant and the Defendant arranged the said borrowed money as KRW 250,500,000,000 for the above amount, and then prepared and executed a notarial deed of a monetary loan agreement for consumption.

3) On or around June 14, 2009, C discontinued F due to its debt, and around August 14, 2009, the Defendant and C paid KRW 120 million to Nonparty I, and determined C’s debt to the Defendant as KRW 135 million finally. (4) On August 17, 2009, the Defendant was issued a provisional disposition of prohibiting disposal of corporeal movables on the vehicles owned by C in Gwangju Mine-gu, Gwangju District Court Decision 2009Kadan9244, F, the location of the F, as to the vehicles owned by C, c in Gwangju Mine-gu, Gwangju District Court Decision 2009. On September 9, 2009, Gwangju District Court Decision 2009Du42230,500, and the sale price was fully distributed to Nonparty J. 3, the aforementioned creditors.

5) Around that time, the Plaintiff: (a) discontinued the business of F; (b) requested C to assist oneself in the work of H; and (c) to request C in consultation with the Defendant for the use of Gwangju Mine District E, which is the seat of F; and (b) on behalf of the Plaintiff, C leased the said land from D on February 1, 2010. (b) On April 24, 2012, the Defendant: (c) on behalf of the Plaintiff, the delegating and the obligor as the Defendant was the Defendant; (d) KRW 135,00,000 (135,000,000); and (e) on July 13, 2009, the date of loan, the date of loan.