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(영문) 수원지방법원 2019.10.29 2019나69896
청구이의
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

(b) did not pay properly.

B. In addition, the Plaintiff requested the Defendant to lend money due to the shortage of operating funds for the said manpower office. Accordingly, the Defendant lent to the Plaintiff KRW 6 million on March 10, 2008, KRW 1.5 million on March 20, 2008, KRW 1.5 million on June 28, 2008, and KRW 15 million on June 28, 2008, and the Plaintiff paid only KRW 3 million on February 11, 2009, and did not pay the remainder.

C. After that, the Plaintiff received demand for payment of labor expenses from the Defendant (i.e., KRW 12.5 million (i.e., KRW 15 million - KRW 3 million) and prepared a loan certificate with the following contents (hereinafter “the loan certificate of this case”) to the Defendant around April 30, 2009.

The loan certificate of KRW 30,00 (30,00) = The loan certificate of KRW 12,50,000 (which seems to have been confirmed and settled as above) investment in the loan balance of KRW 12,50,000,000 (the outstanding labor cost shall be confirmed and settled as above) * The E Co., Ltd., a company established on December 7, 2009 and had no agreement at the time of the issuance of the loan certificate of this case with the defendant at 20% at the time of selling the loan * The E Co., Ltd., a company established on December 7, 2009 and had no agreement at the time of the issuance of the loan certificate of this case. However, since the loan certificate of this case appears to have been prepared by the plaintiff, it is reasonable to deem the Plaintiff to be the person preparing the loan certificate of this case.

Representative: Plaintiff

D. On February 9, 2018, the Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 30 million and damages for delay on the loan certificate of this case with Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2018 Ghana523, and the Defendant did not object to the execution recommendation decision (hereinafter “instant decision”) on March 6, 2018, and thus, the instant decision became final and conclusive.

E. On May 4, 2018, the Defendant filed an application against the Plaintiff for the specification of the property with the Suwon District Court Branch Branch of No. 2018Kao234 on the title of execution with the confirmed original copy of the instant decision as the title of execution, and the Plaintiff filed the said court’s property.

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