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(영문) 수원지방법원 2017.08.08 2016가합71184
부당이득금
Text

1. Defendant (Appointed Party, Counterclaim Plaintiff) KRW 219,895,890, and KRW 206,801,60, among them, shall be the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff (former Agricultural Accounting Corporation D) is an agricultural company for the purpose of distributing, processing, and selling agricultural products. The Defendant is a person who engages in agricultural products distribution business, etc. in the trade name of “E” and the Selection C (hereinafter “Selection”) is the Defendant’s seat.

B. The preparation of the instant notarial deed and the Plaintiff’s partial repayment 1 Plaintiff on January 23, 2015, KRW 50 million for the Defendant on January 26, 2015, KRW 30 million on the same month, KRW 25 million on the same month, and the same year.

2. From the 27th day of the same month and the 27th day of the same month to the 222th day of each month, the Defendant agreed to pay KRW 325 million to the Plaintiff for the amount of KRW 325 million, and actively cooperate with the Plaintiff for the supply of more than two items.

2 The plaintiff on the same day, a notary public borrowed 325 million won from the defendant on January 23, 2015 under the F's joint and several surety by the plaintiff at a law firm assistant in 2015, and borrowed 325 million won from the defendant on the same day, and KRW 26.5 million on the 26th of the same month, KRW 30 million on the 30th of the same month, and KRW 25 million on the 30th of the same month;

2. The repayment shall be made in 25 installments each month from the same month to November 2016, 23.3 million won, and the Plaintiff’s failure to perform the above monetary obligation shall be recognized as having no objection even if it was immediately subject to compulsory execution.

'Notarial Deed' to the effect that 'Notarial Deed of Money Loan Agreements' is 'Notarial Deed'.

was prepared and issued.

3. Accordingly, the Plaintiff’s KRW 50 million to the Defendant on January 27, 2015, and the same year

2.2.2.25 million won, 23.3 million won in the same month, and the same year;

3.2.1 million won, and the same year.

6.3.1 million won, and the same month;

9. A total of KRW 145 million, including KRW 10 million and KRW 110 million on November of the same month, was paid.

C. On June 3, 2015, the Defendant issued a collection order and the Plaintiff’s repayment 1) with the amount claimed as KRW 219,895,890 on the basis of the instant notarial deed, and the Plaintiff’s new world (hereinafter “new world”) (hereinafter “new world”).

(b).

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