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(영문) 서울북부지방법원 2015.06.24 2014가단36341
청구이의
Text

1. A deed drawn up by the Defendant’s notary public against the Plaintiff on April 20, 2012, in which the North Korean Partnership Law Office was signed by the Defendant.

Reasons

1. Facts of recognition;

A. On April 20, 2012, the Defendant organized so-called “exploiting machinery” consisting of KRW 33,520,000 (2,00,000 per month after the receipt of the deposit) per unit, which constitutes a total of KRW 1,520,00 per unit (2,000 per month after the receipt of the deposit), and the basic deposit amount of KRW 5,016,00 (hereinafter “instant fraternity”), and upon the Plaintiff’s introduction, C subscribed to one unit of the instant fraternity.

B. On April 20, 2012, the Defendant: (a) on the first date, at the Plaintiff’s request, determined C as the first fraternity receipt; (b) paid C KRW 5,01.60,000 to C (the first account that C received the fraternity was referred to as “first account”); (c) the Plaintiff, C, and D issued a promissory note with the payee, the Plaintiff, the face value of the Plaintiff, the payment date of KRW 67,000,000,000 for the first account; and (d) entrusted a notary public with the preparation of a notarial deed at the North Joint Law Office (hereinafter “instant promissory note”); and (c) had the said law firm prepare a notarial deed with the Defendant to the effect that “When the issuer of the instant promissory note delays the payment to its bearer, the issuer shall be aware that there is no objection even if he was subject to compulsory execution.”

C. On May 20, 2012, when the old accounts of the instant fraternity were expanded to 38,00 on the second day of May, 2012, the monthly payment of the said fraternity was changed to 1.5 million won per month (2.7 million won per month after the receipt of the said fraternity), and the basic fraternity was changed to 57 million won. Accordingly, the Defendant paid C the difference in the previous accounts (i.e., KRW 57 million - KRW 50 million - KRW 50160,000 for the previous account).

C was admitted to one unit on the same day (hereinafter referred to as "second unit"). D.

C) On September 20, 2012, upon the sixth day of September 20, 2012, C wishes to take over one unit of D-D (hereinafter referred to as “third unit”) determined as the recipient of the fifth class on September 20, 201, and on October 18, 2012, KRW 587.10,000 per unit of the third unit of the Gu on October 18, 2012 = interest rate of KRW 57 million per base.

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