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(영문) 대구지방법원 2015.04.29 2014가단38484
청구이의
Text

1. The defendant's notary public against the plaintiff in 2004 drawn up on July 28, 2004 at the Daegu General Partnership Law Office.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant from around 2001 to operate the advertising business as a trade name C, and began the business around January 10, 2002, but discussed the settlement of the relationship of the same business from June 2002.

The above C closed on June 7, 2002.

B. On July 28, 2004, the Plaintiff drafted and issued a notarial deed to the Defendant on August 30, 2004, 2004, No. 1440, a notary public drafted the notarial deed to the effect that the Plaintiff borrowed KRW 17.5 million from the Defendant on the same day on August 30, 2004, at the maturity of payment, and at the interest rate and delay damages rate of 20% per annum (hereinafter “instant notarial deed”).

C. Around the end of 2005, the Plaintiff transferred the Plaintiff’s claim amounting to KRW 16.7 million to the Defendant for the supply of the signboards against D (hereinafter “transfer of the instant claim”).

On the other hand, the defendant filed a lawsuit against D in Daegu District Court 2005Gaso415243 against D, and a compromise was established on April 29, 2006 between D and D in the above litigation procedure.

The Plaintiff paid KRW 2 million to the Defendant on January 18, 2013, KRW 1 million on the same month, and KRW 4 million on February 8, 2013.

E. On January 26, 2015, the Plaintiff was making a deposit with the Defendant as the principal deposit, and the Defendant refused to receive KRW 11,59,099 out of the principal and interest arising from the instant notarial deed, the Plaintiff deposited the repayment of KRW 11,59,099 (hereinafter “instant repayment deposit”) with the Daegu District Court Branch Branch No. 177 in 2015, the amount of KRW 11,59,09 (hereinafter “instant repayment deposit”).

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 3, Gap evidence 5, Gap evidence 9, Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Defendant sustained KRW 10,50,000 in the course of the settlement of accounts of C, and requested the Defendant to prepare a notarial deed causing KRW 17,50,000 in the amount of notarial deed, and the Defendant prepared the notarial deed of this case. However, the notarial deed of this case between the Defendant and the Defendant thereafter.

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