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(영문) 수원지방법원 성남지원 2018.04.03 2017가단223704
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in each entry in Gap evidence 1 to 3 (including paper numbers) by reference to the whole purport of the pleadings:

On March 28, 2014, the Plaintiff, the Defendant, and C drafted the following instrument of borrowing (No. 1-1, hereinafter “instant instrument of borrowing”).

In the event that the above amounts are duly borrowed in accordance with the loan certificate, three million Won (30,000,000) (hereinafter referred to as "the loan certificate") shall be signed on the loan certificate on the following terms:

on March 28, 2014, the monthly interest rate of 900,000 won on May 27, 2014 when the due date for payment of secured articles benz D has not been executed on May 27, 2014.

Vehicles may be operated.

In the event of vehicle theft, creditors shall not be civil or criminal responsibilities, and shall be treated as insurance of the debtor.

D Vehicles are substantially E, but they are proved to be owned by the obligor C, and they are notarized as promissory notes with the said amount as 120% of the principal.

Interest shall be paid in advance.

The name of the debtor(s) C, the name of the debtor(s) B(s) and the custodian(s) B

B. On the same day, the Plaintiff and C issued and delivered to the Defendant a copy of a promissory note as “the face value KRW 36,00,000, and the due date on May 27, 2014, the place of payment, and the place of issue in Sungnam.” In accordance with the commission of the Plaintiff and the Defendant, according to the commission of the Plaintiff and C, a notary public prepared a notarial deed stating that “the Plaintiff and C are the issuer and the name and seal of the said promissory note, and if the payment of the said note is delayed to the holder of the said note, there is no objection thereto even if they are subject to compulsory execution.”

C. On the same day, the Defendant issued to the Plaintiff and C a cashier’s checks of KRW 30,000,000, and drafted and issued C’s receipt.

On February 24, 2016, the defendant applied for a compulsory auction for real estate owned by the plaintiff on the basis of the Notarial Deed in this case.

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