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(영문) 부산지방법원서부지원 2019.02.12 2018가단107921
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is based on a notarial deed No. 327, 2016, in which C&A office was prepared by the Defendant.

Reasons

Around December 28, 2016, the Plaintiff borrowed KRW 40 million from the Defendant, and the notary public’s joint law office around that time prepared a notarial deed stating the purport that the Plaintiff did not raise any objection even if the Plaintiff was immediately subject to compulsory execution at the time of delay in the payment of the above loan, pursuant to the commission of the Plaintiff and the Defendant, at the time of the commission of the Plaintiff, and there is no dispute between the parties, and comprehensively taking account of the overall purport of the pleadings in the witness D’s testimony, Nonparty E Co., Ltd (hereinafter “Nonindicted Co., Ltd.”) took over the obligations of G Co., Ltd. with the Plaintiff and the Plaintiff’s representative around February 28, 2017. In this case, it can be acknowledged that the Plaintiff took over the obligations of the said borrowed money against the Defendant.

Furthermore, in full view of the purport of the argument as to whether the Defendant agreed to accept the above loan obligation, the non-party company paid KRW 3 million to the Defendant around May 2017, and KRW 3 million around June 2017, and received it by the Defendant. After which the non-party company delayed the payment of interest on the above loan obligation to the Defendant, upon the Defendant’s request on August 31, 2017, the non-party company made the loan amount as KRW 100 million to the Defendant as to the above loan obligation and KRW 20 million to the Defendant at the time when one of the nine rooms in the above nine rooms was sold first (However, as if the previous debtor was a representative director G), each of the above statements stating that the non-party company is liable to pay interest KRW 20 million to the Plaintiff at the time of the above loan obligation and each of the above statements stating that the non-party company is not liable to the Plaintiff.

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