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(영문) 전주지방법원 2017.02.08 2016가단1566
청구이의
Text

1. The defendant's notary public against the plaintiff is a deed drawn up on January 10, 2007 by the law firm Nam-nam General Law Office.

Reasons

1. Facts of recognition;

A. C and D acquired 30 million won from the Defendant in November 2006, and C were arrested by another case around January 8, 2007.

B. On January 10, 2007, the Plaintiff, a creditor of C, entered into an agreement with the Plaintiff and E, as well as E, to prevent the Defendant from filing an additional complaint with the Defendant to obtain his/her own claims. On February 21, 2007, the Plaintiff and E, from February 21, 2007 to April 21, 2008, agreed to pay in installments the amount of KRW 30 million by subrogation to the Defendant. On the same day, the No. 1 No. 1 No. 3 of this case was prepared by entrusting the preparation of the content as above (hereinafter “No. 1 notarial deed of this case”). The Defendant’s written “I will not file a civil or criminal complaint against KRW 30,000,000 on the condition that E, D’s debt to be paid by subrogation, E, and D, respectively.”

C. However, on January 30, 2007, the Defendant filed a complaint with the Jeonju Police Station, stating that the Plaintiff and E did not have the ability to repay the instant No. 1 Deed even though they did not have the ability to repay, and that C filed a complaint with the Jeonju Police Station.

On March 23, 2007, the defendant borrowed KRW 15 million from the defendant as the creditor, the debtor, and the plaintiff as the plaintiff from the plaintiff on March 23, 2007, under Article 467 of the deed 2007 of the same law office, and the plaintiff borrowed KRW 15 million from the defendant on March 23, 2007. The plaintiff, from March 31, 2007 to May 31, 2008, submitted to the defendant a written agreement that he would not raise any objection since he agreed to the Jeonju District Court only with C, civil, or criminal charges.

Since then, on April 19, 2007, the obligee F and the obligor were the Plaintiff, and the Plaintiff borrowed from F the Plaintiff on April 19, 2007 as the document No. 651 of 2007 at the same law office.

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