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(영문) 대구지방법원 서부지원 2018.11.15 2018가합50301
청구이의
Text

1. The defendant,

A. A notary public against the plaintiffs shall set forth in No. 8 of the 2007 Certificate, 2007, dated January 8, 2007.

Reasons

1. Basic facts

A. The parties and G’s relationship G filed an application for a patent as to the manufacture of the Cheong Director General, the Cheong Director-General, and the Pool. The “H” is a person who develops, produces, and sells the mutual food, and G and the children of Plaintiff A, B, and C are the children of Plaintiff E.

around 2004, the defendant was aware of the G, which was supplied to the first floor food company of the defendant's dental hospital building as a dentist.

B. On April 7, 2005, the Defendant and G entered into an agreement between the Defendant and G with respect to the operation of H: ① the Defendant invested KRW 50 million and owned KRW 20% of H’s share; ② the agreement on September 5, 2005 that the Defendant with H’s total sales right and paid KRW 100 million to G with H’s total sales right; ③ on September 5, 2005, the Defendant entered into an agreement with H to pay KRW 100 million with H’s total sales right with H’s total sales right and pay KRW 100 million to G.

C. On January 8, 2007, the plaintiffs and the defendant prepared an agreement between the plaintiffs and the defendant to the effect that "by January 31, 2007, the plaintiffs shall pay 1 billion won (including mental and material interest rates) of the defendant's claims arising out of the same business agreement entered into with G on behalf of G (hereinafter "the agreement of this case")" (hereinafter "the agreement of this case"), and as of the same day, a notary public prepared an agreement of debt repayment (hereinafter "notarial deed of this case") with the plaintiff A, B, C, D, and joint and several sureties, the creditor, the debtor E, and joint and several sureties, the debt payment amount of KRW 1 billion, and the debt payment amount of KRW 8,000,000,000,000,000,000 and January 8, 2007, the due date of payment period of January 31, 2007."

1) On June 20, 2016, the Defendant filed an application for the payment order against the Plaintiffs on June 20, 2016, with the Daegu District Court Branch Branch of Seogu District Court 2016Ka1472, stating that the Defendant would pay the Defendant’s debt amounting to one billion won based on the instant notarial deed. Accordingly, the payment order was decided on June 27, 2016 (hereinafter “instant payment order”).

The instant payment order against Plaintiff E was finalized on July 21, 2016, with the lapse of the period for filing an objection.

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