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(영문) 수원지방법원 2015.11.19 2015가합65908
청구이의
Text

1. The Defendant’s notary public against the Plaintiff No. 12 of the 2015 deed, 2015, drawn up by a law firm assistant on January 23, 2015.

Reasons

1. Basic facts

A. On January 23, 2015, the Plaintiff: (a) a notary public borrowed KRW 325 million from the Defendant on January 23, 2015 under the joint and several surety of C; (b) a notary public borrowed KRW 325 million from the Defendant on January 23, 2015 under the joint and several surety of C; (c) the Plaintiff prepared and issued a notarized deed to the Defendant that the Plaintiff did not immediately object to a compulsory execution (hereinafter “notarial deed”) on January 30, 2015; (d) KRW 25 million on January 30, 2015; and (e) KRW 30 million on February 23, 2015; and (e) from February 23, 2015 to November 2016.

B. The Plaintiff, the Defendant, KRW 50 million on January 27, 2015, KRW 25 million on February 2, 2015, KRW 30 million on February 23, 2015, KRW 20 million on March 23, 2015, KRW 10 million on March 23, 2015, KRW 10 million on June 3, 2015, and KRW 10 million on June 9, 2015, respectively.

(hereinafter referred to as “first payment”) C.

On June 3, 2015, the Defendant applied for a seizure and collection order on June 5, 2015 with respect to the Plaintiff’s claim for the price for the goods against the new global company based on the instant authentic deed (the claim amounted to KRW 219,895,890) by this Court No. 2015TT 201309, and received the decision of acceptance from this court.

On June 24, 2015, the Plaintiff remitted KRW 219,895,890 to the Defendant.

(hereinafter referred to as "second payment of this case"). / [Grounds for recognition] The fact that there is no dispute, each entry of Gap evidence Nos. 1 through 8 (including each number), and the purport of the whole pleadings.

2. According to the above facts of recognition, the plaintiff paid to the defendant a total of KRW 145 million by the first payment of this case (i.e., KRW 50 million in total (i., KRW 30 million in total), KRW 10 million in total; KRW 10 million in total; KRW 219,895,890 in total with the second payment of this case; KRW 364,895,890 in total; KRW 145,5 million in total; KRW 219,890 in total, KRW 219,895,890 in total; and Defendant also paid a total of KRW 364,895,890 in total with the second payment of this case.

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