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(영문) 서울북부지방법원 2016.09.22 2014가합5931
청구이의
Text

1. In June 13, 2012, a notary public against the Plaintiff (Counterclaim Defendant) of the Defendant-Counterclaim Plaintiff prepared by a law firm consignor on June 13, 2012.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff and the Defendant have accumulated their friendships in operating the garments at the department stores prior to ten years.

From September 25, 2008 to January 29, 2014, the Plaintiff borrowed each amount indicated in the “transaction principal” column from the Defendant as the date indicated in the “Non-Performing Loan Account” column from the Defendant to the date indicated in the “Non-Performing Loan Account” column from the date of loan (hereinafter “each of the instant loans”) under the name of general loan, the purchase price of stocks, the purchase price of stocks, the payment on deposit basis, etc. (hereinafter “each of the instant loans”), and the Defendant repaid the Defendant with each of the money indicated in the “Date of occurrence of transaction principal” column as the “date of occurrence of each transaction principal” column stated in the “Non-Performing Loan” column.

(hereinafter “each of the instant payments”). (b)

On March 6, 2012, the Plaintiff issued to the Defendant a promissory note with the face value of KRW 242,00,000, and the due date of March 31, 2012, and a notary public drafted an executory bill No. 329 of the deed No. 329 of 2012 (hereinafter “the first authentic deed”).

On June 1, 2012, the Plaintiff issued to the Defendant a promissory note with the face value of KRW 70,000,000 and the due date of June 30, 2012, and a notary public drafted an executory bill No. 788 of the 2012 deed (hereinafter “the second notarial deed”).

C. On July 5, 2012, the Defendant: (a) received reimbursement of KRW 240,000,000 from the Plaintiff’s husband Nonparty C on July 5, 2012; and (b) drafted a letter of commitment stating that “I, after July 5, 2012, I would not raise any objection against A’s debt and ( principal, interest, time deposits, and any other interest) with A; (c) I would be liable for all civil and criminal liability in the event of violation of this obligation after having promised to resolve all debts with KRW 00,000.” (hereinafter “instant letter of commitment”).

The defendant on March 5, 2014, based on the second notarial deed of this case, the plaintiff and the debtor.

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