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(영문) 서울중앙지방법원 2015.04.10 2014가합11739
청구이의
Text

1. Certificate No. 2664, 201 drawn up by the Defendant’s notary public against the Plaintiff on August 2, 2012.

Reasons

1. Facts of recognition;

A. The status of the parties (1) B, a company that operates livestock product import and sale business, etc., was C from the time of its incorporation to the date of its incorporation, and D has operated B jointly with the parties C.

The plaintiff is a partner of D.

(2) The Defendant is a company running a business such as installment financing business and facility leasing business.

B. (1) On January 3, 2011, the Defendant entered into a car lease agreement with C on a set of 4,315,600 won per month, and 36 months for the lease period, under which the Defendant would re-examine X5.2 motor vehicles owned by the Defendant (hereinafter “instant lease agreement”).

(2) On September 27, 2011, the Plaintiff’s seal was affixed and an abstract of the Plaintiff’s resident registration was attached to the instant lease agreement, with the maximum limit of KRW 136,00,000 as KRW 136,00.

(3) On February 15, 2012, C returned the foregoing leased vehicle, and entered into a replacement loan agreement with the Defendant to provide C with a loan amounting to KRW 46,19,127, the remainder of the lease fee in arrears related to the instant lease agreement.

C. On August 2, 2012, a notary public who prepared a notarial deed of a promissory note shall, upon the commission of C and E representing both the Plaintiff and the Defendant, prepare a notarial deed to the effect that the Plaintiff shall immediately enforce the said promissory note against the said promissory note. “The Plaintiff, on September 27, 2011, recognized the issuance date as to the promissory note stated as the issuer and C, the payee, the Defendant, the face value KRW 136,00,000,000, and the issue date September 27, 2011.”

(hereinafter referred to as “the instant notarial deed”). D.

On July 30, 2012, based on the instant notarial deed, the Defendant, the Defendant, the Defendant, the Plaintiff, and the Plaintiff, based on the Seoul Central District Court 2012TTT23640.

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