Text
1. The defendant's law firm Busan Dong-dong, prepared on July 1, 2016, No. 866 of the 2016.
Reasons
1. Basic facts
A. The Plaintiff is the representative of C. On December 30, 2015, the Plaintiff is the Plaintiff’s representative. On December 30, 2015, the Plaintiff entered into a contract with the Defendant for new construction of C factories on the land for factory in Ulsan-gun, Ulsan-gun, Ulsan-do with the construction cost of KRW 730,00,000 (hereinafter “instant contract”).
(2) The Plaintiff entered into a contract for construction work with E Co., Ltd. (E) a company designated by the Defendant (E) in order to obtain a loan for the construction work of the instant contract from the Changwon Credit Union. (2) In order to obtain a loan from the Changwon Credit Union, the Plaintiff entered into a contract for construction work with the contractor, stating the contract date as KRW 1,350,000,000.
On October 25, 2015, the Plaintiff submitted a written contract for construction works to the Changwon Credit Union and agreed to pay the construction cost to E after receiving the loan from the Plaintiff.
3) On January 2, 2016, the Plaintiff paid 30,000,000 won as down payment to the Defendant’s wife F, and deposited 7,00,000,000 won into the E account five times from January 7, 2016 to March 15, 2016. (B) The Defendant filed an application for provisional attachment and an authentic deed preparation 1) on June 10, 2016, that the Defendant had 264,34,035 won, such as the payment of the construction price, etc. to the Plaintiff, and filed an application for provisional attachment against the instant land with Busan District Court Branch Branch 2016Kadan10538, Busan District Court Decision 2016.
2) After the provisional attachment, the Plaintiff on July 1, 2016 (hereinafter “notarial deed of this case”) indicated in paragraph (1) of the text stating that “The Plaintiff shall approve that the Defendant has a debt of KRW 264,00,000 for the payment of the construction cost, which the Defendant bears” (hereinafter “notarial deed of this case”).
(C) On the same day, the Defendant withdrawn the above provisional seizure and submitted a written application for the cancellation of enforcement. (c) The Plaintiff’s repayment 1) to the construction companies under the instant contract, such as Daeil Industrial Development, etc. (hereinafter “construction companies”), as indicated in the following table.