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(영문) 대구지방법원 서부지원 2018.02.07 2017가단55562
청구이의
Text

1. The defendant's notary public against the plaintiff is a performance contract of obligation(No. 429) signed on July 6, 2007 by the defendant against the plaintiff.

Reasons

1. Basic facts

A. On July 2007, the Defendant purchased the shares of Korea Tobacco Co., Ltd. as a broker of the Plaintiff and C, and paid 1.2 million won to the Plaintiff as a brokerage commission.

B. The Defendant requested the Plaintiff and C to prepare a notarial deed in preparation for any property damage in relation to the share price of five million won as stated in the above paragraph. On July 6, 2007, the Plaintiff, along with the Defendant and C, requested the Plaintiff to prepare a notarial deed. On July 6, 2007, the Plaintiff, along with the Defendant and C, prepared a notarial deed as to the debt repayment contract by setting the Defendant’s creditor, C jointly and severally liable with the Plaintiff, the kind of debt and the amount due on September 30, 2007, and the amount due on September 30, 2007.

(hereinafter referred to as the “notarial deed of this case,” and the Defendant’s above claim against the Plaintiff (hereinafter referred to as the “instant claim”).

After the preparation of the notarial deed of this case, the problems related to the shares in the above paragraph (a) occurred, the plaintiff prepared a letter with the defendant on November 2, 2008 as follows (hereinafter "each letter of this case") and returned to the defendant the full amount of commission 1.2 million won paid by the plaintiff to the defendant.

Between the Plaintiff and the Defendant, the overall issue of our tobacco sales cases was refunded to 100% of brokerage commission, and there is no relationship between the Plaintiff and the Defendant.

Since then, on April 2, 2012, the Plaintiff filed bankruptcy and application for immunity with the Daegu District Court Decision 201Han 1364, 201, 1364, and the court rendered adjudication of bankruptcy and exemption from immunity on April 18, 2012 (hereinafter “instant exemption from immunity”), and the Defendant’s claim against the Plaintiff at the time was not included in the list of creditors.

E. On June 7, 2017, the Defendant, with the title to execute the instant notarial deed, received a seizure and collection order as to the Plaintiff’s deposit claims against the financial institution under the jurisdiction of Seogu District Court Branching 2017TT2876.

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