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(영문) 광주지방법원 2016.01.26 2015가단32955

청구이의

Text

1. The defendant's notary public against the plaintiff prepared on March 6, 2007 by the defendant's general law office of light height of law firm.

Reasons

1. The facts acknowledged by the defendant, upon the plaintiff's request of the plaintiff that he borrowed the takeover fund for the gas station's business, confirmed the gas station that the plaintiff will accept, and then lent KRW 125,00,000 to the plaintiff around March 6, 2007, and prepared a notarial deed in the monetary loan contract for consumption and loan as stated in the order. The loan money is to be repaid as 25,00,000 won each from April 6, 2007 to the sixth day of each month, and the plaintiff would lose the benefit of the time and pay the remainder in full immediately. However, the fact that the plaintiff failed to pay the above installment once can be acknowledged by taking into account all the arguments as stated in the evidence No. 1, No. 2, and No. 8.

2. According to the fact that the statute of limitations expired, loans under the above loan agreement are commercial claims arising out of ancillary commercial activities. Since it is apparent that five years have passed since the first installment payment was not made, the above loan claim expired due to the expiration of the statute of limitations.

3. Accordingly, the plaintiff's claim of this case seeking the exclusion of the executory power of the above notarial deed is reasonable, and it is so decided as per Disposition by admitting it.