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(영문) 청주지방법원 2019.11.14 2019가단24520

청구이의

Text

1. Certificates of notary public C Office No. 313 of 2018 and certificates of notary public C office against the plaintiff of the defendant.

Reasons

1. Basic facts

A. On July 27, 2017, the Plaintiff borrowed KRW 10 million from the Defendant on July 27, 2018 and 12% interest per annum from the Defendant, and failed to repay the loan. On October 8, 2018, the Plaintiff agreed to repay the said KRW 10 million up to October 15, 2018 (12% per annum of delay damage) and drafted a notarized deed as a notary public C office No. 958 of 2018.

(hereinafter referred to as “notarial deeds for borrowed money”). (b)

On April 10, 2018, the Plaintiff jointly and severally guaranteed the D’s obligation to borrow KRW 30 million to the Defendant (24% per annum of September 10, 2018, the repayment period), and on April 17, 2018, drafted a notarial deed of a monetary loan agreement with the Defendant as a notary public C office No. 313, 2018.

(hereinafter “notarial deeds of joint guarantee”). (c)

Around October 2018, the defendant applied for a compulsory auction against the plaintiff's share 1/5 among the land and the building on the land of Cheongju-si E and the building on the land of Cheongju-si as F of the Cheongju District Court, and the decision of commencement was made on October 24, 2018.

On April 15, 2019, the Plaintiff deposited the total amount of KRW 44,027,396 on each of the above notarial deeds ( KRW 30 million interest rate of KRW 3,452,054 ( KRW 575,342) and KRW 994,319 ( KRW 10,000 for stamp amount of KRW 80,000 for registration tax of KRW 16,000 for stamp amount of KRW 60,819 for appraisal fees of KRW 621,50 for certified judicial scrivener remuneration of KRW 200,000).

E. On October 23, 2018, the Defendant applied for the seizure of movable property owned by the Plaintiff as G on the basis of the Notarial Deed for the borrowed money, and received KRW 1,100,000 from the auction procedure around December 12, 2018, and the interest accrued until October 23, 2018 was KRW 164,384.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 11 (including family number, if any), Eul 2 through 4, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion made a full repayment of the debt to the Defendant through a deposit for repayment.

The defendant shall make a loan between them.