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(영문) 대구지방법원상주지원 2016.08.18 2015가합2306
청구이의
Text

1. The defendant's notary public against the plaintiff is based on the notarial deed No. 1355, 2014, which was 2014.

Reasons

1. Facts of recognition;

A. As to the preparation of the authentic deed mentioned in paragraph (1) of this Article 370 Dus of pigs 370 and 1,700 Dus of pigs within the D farm operated by the Plaintiff, the Defendant shall invest KRW 300 million.

The plaintiff and the defendant shall consult within 2015 and dispose of pigs, and the plaintiff shall immediately return KRW 300 million to the defendant.

The defendant shall pay feed costs and all expenses prior to the disposition.

The plaintiff and the defendant divide the profits into half, excluding the expenses up to the time of disposition.

The amount of investment profits of KRW 300 million invested by the defendant shall be KRW 8 million per month.

1) On December 11, 2014, the Plaintiff operating a swine farm under the trade name “D farm” in the Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, the Plaintiff entered into the instant contract with the Defendant (hereinafter “instant contract”).

A) Around that time, the Plaintiff and the Defendant received KRW 300 million from the Defendant. (2) In relation to this, the Plaintiff and the Defendant, on the date of the conclusion of the said contract, prepared as a notary public No. 1355 of the 2014 deed (hereinafter “instant notarial deed”) a notarial deed of debt repayment contract with the transfer for security (hereinafter “instant notarial deed”), and the main contents are as follows.

A creditor: The debtor under Article 1: The debtor, on December 11, 2014, must approve the fact that he/she assumes the obligation from the creditor and promise to repay the debt pursuant to the provisions of this Agreement, and the creditor has approved the payment. The type of the debt amount: Article 2: The time limit for the payment of the debt amount to be paid shall be until May 30, 2015.

b. Article 6: The obligor transferred 370 fats and 1,700 fats within the D farm, his own possession, to the obligee, for the purpose of ensuring the performance of the above obligation, and the obligee transferred the same to the obligee.

B. On July 31, 2015, the Plaintiff sold KRW 1700,000, out of pigs within the D farm, to Nonparty E for KRW 500 million. 2) and on July 31, 2015, the Plaintiff paid KRW 380,000,000 to the Defendant.

2.3

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