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(영문) 서울동부지방법원 2015.11.06 2015가단27997

청구이의

Text

1. The defendant's tendency of notary public against the plaintiff is a monetary loan agreement of No. 369 of the same law office, 2013.

Reasons

Facts of recognition

Comprehensively taking account of the overall purport of the statements and arguments set forth in Gap 1-4, 5-1, and 5-2, the plaintiff and the plaintiff's representative director C borrowed KRW 30 million from the defendant on July 15, 2013, until the due date for repayment expires, until December 15, 2013, and 2.5% from interest. The plaintiff and C are unable to repay the principal and interest of the loan on July 31, 2013 in order to secure the above loan principal and interest obligation, the defendant prepared a notarial deed stating the purport of accepting compulsory execution based on the above claim (hereinafter referred to as "notarial deed of this case"), and the defendant received KRW 30 million from the Seoul East District Court on July 25, 2014 as the claim attachment and collection order with respect to the plaintiff's deposit claims against Han Bank as the Seoul East District Court No. 20141, Dec. 14, 2014; and the defendant received Seoul District Court No. 12531,465, May 15, 2015

The Plaintiff’s determination as to the cause of the instant claim is the cause of the instant claim. As long as the Defendant received a total of KRW 16,171,658 by compulsory execution based on the instant notarial deed, the Defendant’s debt based on the instant notarial deed remains only the remainder principal of KRW 13,828,342 (=i.e., KRW 16,171,658), the Plaintiff’s execution as to the portion exceeding the above KRW 13,828,342 among compulsory execution based on the instant notarial deed is rejected.

As seen earlier, the Defendant’s repayment of KRW 16,171,658 (=1,136,465 KRW 15,035,193) as a result of compulsory execution based on the instant notarial deed was made by the Defendant.

In addition, the Defendant: (C); (50,000 won on September 16, 2013; (50,000 won on October 15, 100 (Plaintiff); (3) 750,000 won on November 15, 11; (4) 750,000 won on December 16, 201; and (3) 750,000 won on January 19, 2014 (C);

3.27.750,00 won (Plaintiff);

4. 15.7 million won.