(영문) 수원지방법원 2016.10.27 2015가단67082

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(영문) 수원지방법원 2016.10.27 2015가단67082

청구이의

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1. The Defendant’s notary public against the Plaintiff is based on the No. 63 of the No. 2014 No. 63 of the No. 301.

Reasons

1. Basic facts

A. The Plaintiff joined the following fraternity operated by the Defendant as a fraternity.

1) 1 allotment No. 50,000,000, monthly payment of KRW 2,500,000,000 (hereinafter “the first mutual savings account of this case”) No. 2,500,000.

2) The aforementioned five-day accounts No. 11/2 (1,250,000 won prior to the receipt of the monthly payment, and KRW 1,625,000 after the receipt of the monthly payment, hereinafter “instant second accounts”) 3), 50,000 won, monthly payment of KRW 3,000,000, 7-day accounts No. 6 (hereinafter “instant third accounts”)

A person shall be appointed.

B. On February 5, 2014, the Plaintiff received KRW 50,000,00 for the instant first-aid deposit. On February 10, 2014, the Plaintiff issued a promissory note (hereinafter “instant promissory note”) in which the Defendant, the Defendant, the face value of KRW 50,000,000, and the due date for payment was set at sight, in order to secure the obligation for the first-aid deposit, and on the same day, a notary public entrusted the preparation of a notarial deed to a law firm agent, and completed a notarial deed (hereinafter “notarial deed”) stating the purport of recognizing that there is no objection even if the Plaintiff is being subject to compulsory execution.

C. In the instant passbook Nos. 1 and 2 (Evidence No. 1 and 6-1), the Plaintiff paid all monthly payments except for the remainder seven minutes from March 2015 to September 2015. In the instant passbook No. 3 (Evidence No. 6-2), the Plaintiff paid all monthly payments excluding the remainder of March 2015 at the last time, and each Defendant’s private person receives the confirmation of payment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff prepared the notarial deed of this case in order to secure the defendant's obligation for the first installment payment of this case, and the amount payable in relation to the first and second installment payment of this case shall be 28,875.

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