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(영문) 대구지방법원 2018.03.21 2017나317639
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. In around 209, the Defendant was running the 4th floor store of the building located in Daegu Northern-gu C (hereinafter “instant store”) from E in the trade name “D” by leasing deposit of KRW 30 million. However, on December 31, 2009, the Plaintiff agreed to pay KRW 100 million in total to the Defendant for acquisition of the instant store’s business from the Defendant, while taking over the instant store’s business from the Defendant on December 31, 2009.

B. By January 22, 2010, the Plaintiff paid the Defendant KRW 50 million out of the above KRW 100 million, and on January 22, 2010, a notary public, together with the Defendant, entrusted the Defendant to the Daegu General Legal Office with the preparation of a notarial deed, and the said law firm completed the said notarial deed with the following content on the same day in accordance with the commission.

On January 22, 2010, the Plaintiff approved the fact that the Defendant bears the following obligations, and offered an offer to pay the same obligation in accordance with the provisions of this Agreement, and accepted it.

- Debt amount: 50 million won: Store purchase price - The method of payment due on April 30, 2010: 20 million won on January 30, 2010; 10 million won on February 28, 2010; 10 million won on March 30, 2010; and 10 million won on April 30, 2010.

Article 3 (Loss of Maturity) If the plaintiff falls under any of the following subparagraphs, the defendant shall, as a matter of course, lose the benefit of time for the above obligation and immediately repay all of the remainder of the obligation, even if there is no notification or peremptory notice otherwise from the

3. Article 6 (Recognition of Compulsory Execution) (Recognition of Compulsory Execution) recognizes that there was no objection even if compulsory execution was conducted immediately in the event that the plaintiff fails to perform his monetary obligation under this contract when the debtor delays a repayment in installments and a payment in transplant once.

Article 14. The plaintiff also deposits for the store of this case that the plaintiff receives from the landlord E for the purpose of securing the fulfillment of the obligation indicated in Article 1.

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