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(영문) 수원지방법원평택지원 2015.07.02 2014가단15526
채무부존재확인
Text

1. The defendant's notary public against the plaintiff was a law firm Han-man Law Firm on December 3, 2009, No. 1053 dated 2009.

Reasons

1. Basic facts

A. The Plaintiff Company is a corporation established for the purpose of construction business, etc., and the Defendant is a person who served as the representative director of the Plaintiff Company from December 1, 2009 to June 21, 2010.

B. On December 1, 2009, the Defendant was appointed as the representative director of the Plaintiff company (the registration is completed on December 9, 2009), and on December 3, 2009, the Plaintiff visited the Hanma Law Firm Office in the presence of the attorney-at-law in charge of authentication in the presence of the attorney-at-law in charge of authentication, and stated that “the Plaintiff borrowed 100,000,000 won from the Defendant on December 31, 2009 with the maturity of November 20, 2009 and the interest rate of KRW 100,000 from the Defendant on December 1, 200, and the Plaintiff accepted compulsory execution against the Defendant in the event of default, the attorney-at-law in charge of authentication prepared and delivered the said notarial deed of monetary consumer loan contract No. 1053 (hereinafter “notarial deed of this case”).

C. As to the notarial deed of this case, the Defendant remitted total of KRW 100,000,000 to the Plaintiff Company from November 20, 2009 to December 18, 2009 as shown in the following table.

On November 20, 2009, KRW 50,000 on the deposit account of the Plaintiff Company Bank Account of KRW 30,000,000 on December 3, 2009, the Notarial Deed of KRW 10,000 on December 18, 2009, KRW 3,175,930 on the A Bank Account of KRW 10,000 on December 18, 2009 (hereinafter “A”) account of the Plaintiff Company Bank Account of KRW 100,00,00 on December 3, 2009

D. On June 21, 2010, the representative director of the Plaintiff Company replaced the Defendant from the Defendant (F ASEAN, the representative director of the Plaintiff’s current Plaintiff) to E, and on June 17, 2010, the Defendant, as the “current representative director,” the Plaintiff Company’s “former representative director,” and E, as the “representative director to be replaced,” suspended the due date as indicated in the instant Notarial Deed, and as the delay of the due date as indicated, “(i) if a third-party investor is invited to repay the obligation, it shall be paid preferentially as the investment amount, and ② if the financial liquidity is secured, it shall be paid partially by December 31, 201, and shall not exceed May 10, 201.”

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