(영문) 수원지방법원안산지원 2015.04.02 2014가합3938

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(영문) 수원지방법원안산지원 2015.04.02 2014가합3938

청구이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around August 29, 2009, the Plaintiff entered into a joint operation agreement with the Defendant and C on a joint operation agreement with the content that the Plaintiff jointly operates the “E” restaurant operated by the Defendant and C in the D forest in Gwangjin-si, and distributes each of 30% of the profits accrued from its operation for the next ten years. (2) On November 11, 2009, the Plaintiff entered into a written agreement with the Defendant and C on the E joint operation agreement with the Defendant and C, and Article 6 of the said agreement stated that the Plaintiff’s promise with respect to the loans to the Defendant is notarized, and the interest accrued therefrom shall be paid separately at the end of each month.

3) Meanwhile, the Plaintiff received a total of KRW 110 million from August 2009 to December 12, 2009, from the Defendant as an investment money under the above joint operation agreement. B. Preparation of a notarial deed and promissory note No. 1) the Defendant, around November 11, 2009, entered into a letter of delegation (Evidence No. 3-2) delivered by the Plaintiff as an objection to compulsory execution in the event of nonperformance of obligation, with the content that the Defendant, around November 11, 2009, did not object to compulsory execution in the event of nonperformance of obligation, and agreed by the mandatary’s agent’s acting as an agent.

On November 12, 2009, a notary public entrusted the Defendant with the preparation of an authentic deed of a monetary loan agreement (No. 1205 of 2009) with the content that “the Plaintiff borrowed KRW 80,000,000 to the Defendant on November 11, 2009, and the Defendant borrowed it as a temporary payment on December 30, 2009, and if the Plaintiff fails to perform his monetary obligation under the said monetary loan agreement, he shall immediately be subject to compulsory execution, even if there is no objection.” On the same day, a notary public entrusted the preparation of an authentic deed of a monetary loan agreement (No. 1205 of 209).

2. The defendant around that time signed and sealed the plaintiff to the issuer column.

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