(영문) 부산지방법원 2014.10.22 2013가단67668

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(영문) 부산지방법원 2014.10.22 2013가단67668

청구이의

Text

1. The defendant's law firm Samduk Law Firm, 2007, No. 645, March 14, 2007, against the plaintiff.

Reasons

1. Basic facts

A. A. Around September 10, 2006, the Plaintiff subscribed to three units, including 52,500,000 won (2 million won for monthly payment, 1.5 million won for monthly payment, and 2 million won for monthly payment after the receipt of the fraternity), 7, 13, and 22 of the total number of 35 accounts (hereinafter “instant accounts”).

B. On March 14, 2007, the Plaintiff received the fraternity No. 7 from the Defendant, and in order to verify and execute the claim amounting to KRW 56 million that the Plaintiff is liable to pay to the Defendant after the receipt of the fraternity, the Plaintiff prepared and sent to the Defendant a notarial deed on the debt repayment contract of KRW 56 million on March 14, 2007 (hereinafter “notarial deed of this case”). According to the agreement of this case under the notarial deed of this case, the Plaintiff would make a installment payment of KRW 2 million to the Defendant from April 10 of 2007, and there is no interest, but it is deemed that the Plaintiff would lose the benefit of time and immediately repay the remainder of the debt and accept compulsory execution when the Plaintiff delayed the repayment of the installments.

C. On the other hand, on September 14, 2007, the Plaintiff received the fraternity Nos. 13 from the Defendant, and thereafter, the instant fraternity was transferred in the middle of April 2008.

On October 2, 2008, the Plaintiff received from the Defendant a written confirmation of the following contents (hereinafter referred to as the “written confirmation”), and as to the said written confirmation, was drafted as a notary public No. 3986, Oct. 2, 2008, No. 2008, Oct. 2, 2008.

The defendant confirmed that the total amount of money for all fraternitys was completed if the defendant promised that the amount of money for the fraternitys C and D cannot be claimed to the plaintiff for the amount received from the plaintiff 7 and 13 of the fraternitys.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, and Eul No. 2, the purport of the whole pleadings

2. The Parties’ assertion.

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