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(영문) 서울서부지방법원 2013.11.21 2013가합4203
청구이의
Text

1. No. 2418, 2012, the defendant's notary public against the plaintiff, signed a joint law office in Gangnam-do.

Reasons

Basic Facts

On July 27, 2012, the Plaintiff issued one promissory note to the Defendant as the Defendant on July 27, 2012, for the payment of loans and service charges to the Defendant, including the issuer, face value of 183,941,047 won, issue date of July 27, 2012, and the due date of September 30, 2012.

On July 30, 2012, the Plaintiff and the Defendant drafted a notarial deed on the said promissory notes (hereinafter “instant notarial deed”) by a notary public under Article 2418 of the Gangnam-do Joint Law Office Deed.

On October 23, 2012, the Defendant issued to the Plaintiff a debt certificate (hereinafter “instant debt certificate”) with the following content, and accordingly, the Plaintiff transferred KRW 50 million to the Defendant on October 26, 2012.

The defendant receives KRW 50 million out of KRW 180,000,000 from the plaintiff's claim, thereby discharging all the remaining obligations of the plaintiff, and confirming that no civil or criminal claim is filed against the above claim.

However, if the above money is not deposited into the following account by October 24, 2012, it is confirmed that all the matters of this Certificate are null and void.

On April 11, 2013, based on the instant notarial deed, the Defendant received a claim attachment and collection order as Seoul Western District Court 2013TTTT 5004 on the Plaintiff’s sales proceeds and contract performance guarantee bond against the Plaintiff’s CY Tourism Development Co., Ltd. based on the instant notarial deed. The Defendant reached the order of attachment and collection on April 16, 2013.

【Ground of recognition” without any dispute, Gap's statements in Gap's Nos. 1, 3, 4, and 5, and the plaintiff's assertion of the purport of the whole pleadings. The preparation of the debt confirmation of this case is based on the Notarial Deed of this case by reducing the plaintiff's debt amounting to KRW 180,000,000,000, which is the plaintiff's debt of this case, and extinguishing the remaining KRW 130,000,000,000,000 won, which is the plaintiff's debt of this case. Thus, the defendant is based on the Notarial Deed of this case.

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