(영문) 대구지방법원 2014.04.03 2013가합6807

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(영문) 대구지방법원 2014.04.03 2013가합6807

추심금

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1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. C on October 29, 2008, registered the mining right (hereinafter “mining right of this case”) with the Defendant, A, and D as joint mining right holders of the same content as indicated in the attached Form (hereinafter “mining right of this case”).

B. On April 201, C, the Defendant, A, and D agreed to register the instant mining right under the Defendant’s sole name, and on April 12, 201, the Defendant drafted a letter stating, “I will, on April 22, 2011, pay C the purchase price of KRW 150,000,000 for the instant mining right by April 22, 201 (i.e., the date on which changes can be made). On the other hand, C registered one person recommended by C on the said date, the purchase price will be extinguished (hereinafter “each letter of this case”).

C. C borrowed KRW 150 million from the Plaintiff, and drafted a notarial deed of debt repayment contract (No. 1721, 2009, a notary public was a law firm, a notary public) to the Plaintiff. On January 23, 2013, upon receiving a claim seizure and collection order (No. 2013TT branch office within the Daegu District Court), the said claim seizure and collection order was served on the Defendant on February 6, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 9, Eul evidence No. 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserts that "the defendant is obligated to pay 150 million won of the mining right purchase price of this case to C in accordance with the letter of this case, so the defendant is obligated to pay the above KRW 150 million to the plaintiff, the collection obligee, and delay damages."

B. As to this, the Defendant asserts, “The Defendant registered E as a joint mining right holder of the instant mining right by the Defendant on June 2, 2011, as the joint mining right holder of the instant mining right, there is no obligation to pay the purchase price under each of the instant agreements.”

3. Determination

A. The purport of the whole pleadings is to be made in each entry of evidence Nos. 8, 9, 10, and 1 and 2.

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