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(영문) 인천지방법원부천지원 2020.01.16 2017가단113909
청구이의
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On September 25, 2015, the Plaintiff’s friendship D agreed to pay the Defendant a total of KRW 100 million ( KRW 500,000,000 on September 15, 2015, KRW 4.9 million on the same day, and KRW 90,000 on the same day; hereinafter “instant mutual savings”) from the Defendant for ten times each month thereafter.

B. On September 25, 2015, an attorney-at-law in charge of notarial deeds in the instant case: (a) at the request of D and D representing the Plaintiff on September 25, 2015; and (b) at the Defendant’s request, if the Defendant lent KRW 130 million at an annual interest rate of 5%, the Plaintiff and D jointly and severally repaid the amount; and (c) upon the nonperformance of the obligation, the instant notarial deed was prepared to recognize compulsory execution.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 4 (including branch numbers, if there is a ground for recognition) and the purport of whole pleadings

2. The parties' assertion

A. Plaintiff D: 2015

9. From 25. to July 18, 2016, by transferring to the account of the Defendant or the original owner E, a total of KRW 135 million per month for ten months, and repaid all of KRW 135 million per month.

(However, the amount actually received by D from the Defendant is not KRW 10 million, but KRW 10 million out of KRW 13.5 million in the initial repayment of KRW 13.5 million. Therefore, compulsory execution based on the Notarial Deed of this case should be denied.

G KK L G NNNN NA NA NAF F F MO M M M M O on September 25, 2015, the amount actually received from the Defendant is not KRW 90 million, but KRW 100 million, and KRW 3.5 million, from September 25, 2015, the remittance amount of KRW 3.5 million on September 25, 2015, is not the instant fraternity, even if the repayment was not made with respect to the instant fraternity, the unpaid amount is merely KRW 13.5 million once.

Therefore, the instant notarial deed should not be subject to compulsory execution with respect to the portion exceeding the above KRW 13.5 million.

B. The Defendant’s limit paid to Defendant D is not a total of KRW 90 million, but a total of KRW 100 million, and there are many other monetary transaction relationships.

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