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1. The part of the Defendant-Counterclaim Plaintiff’s claim for revocation of the decision to suspend compulsory execution shall be dismissed;
2...
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff and the Defendant 1) The Plaintiff Company C (hereinafter “C”) that runs the gas facility construction business.
(2) On February 2, 2008, the Defendant lent money in the name of C’s operating capital over several times to the Plaintiff on April 10, 2009, such as lending KRW 10,000,000 to the Plaintiff on March 2, 2008. The Plaintiff repaid the Defendant’s financial account by April 15, 2009, including remitting KRW 1,000,000 to the Defendant’s financial account.
3) The Plaintiff demanded the Plaintiff and C to pay the remainder of the loan obligations. On April 28, 2009, the Plaintiff: (a) on December 30, 2010, as to KRW 150,000,00, which settled the previous details of the loan to the Defendant, the Plaintiff’s representative director C, the obligee, and the due date for payment; and (b) on December 30, 2010, a notary public, who was determined as non-existent, prepared and issued a notarial deed under a monetary loan agreement No. 604 of the 2009, No. 304, the
(4) On May 19, 2009, after the completion of the instant notarial deed, the Defendant lent money to the Plaintiff several times on May 19, 2009, including lending KRW 4,200,000. On May 4, 2009, the Plaintiff repaid the Defendant’s financial account of KRW 1,000,000 from time to time by February 23, 2011.
5) On March 20, 2011, the Plaintiff and the Defendant drafted a loan certificate with the following content (hereinafter “instant loan certificate”).
. The Plaintiff’s obligee of the Plaintiff on August 20, 201 as the due date for the repayment of KRW 96,000,000.
B. On December 27, 2011, the Defendant issued a collection order based on the instant notarial deed with respect to the claim for the construction price of urban gas construction against Samcheon-ri Co., Ltd. based on the instant notarial deed, the obligor C, the third obligor Co., Ltd., and the claim amounting to KRW 150,000,000, Suwon District Court No. 2011TT3761.