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(영문) 서울중앙지방법원 2017.11.30 2016가합557338

청구이의

Text

1. The Defendant’s notary public against the Plaintiff is a monetary loan agreement, No. 335, No. 335, No. 201, No. 2011.

Reasons

1. Basic facts

A. On July 7, 2011, the Plaintiff entered into a contract with the Defendant to lend KRW 1,00,000,000 to the Plaintiff (hereinafter “instant loan contract”). Specifically, the Plaintiff agreed to repay the Defendant the loan amounting to KRW 600,000,000 by October 30, 201, and the loan amounting to KRW 300,000,000 to the Defendant until October 30, 2012.

Meanwhile, according to the instant lending contract, the Defendant paid the Plaintiff KRW 150,000,000,000 on July 7, 2011, and KRW 80,000,000 on August 3, 2011, and KRW 20,000 on September 7, 2011, respectively.

B. An attorney-at-law affiliated with the law firm in charge of preparing the instant notarial deed is the Plaintiff’s internal director on July 8, 201, who is the Plaintiff, Defendant, and joint and several sureties.

D The plaintiff's regular director is the plaintiff.

At the request of the commission, a notarial deed of a monetary loan agreement for consumption (hereinafter referred to as “notarial deed of this case”) with the following content was prepared:

Article 1 (Purpose) of No. 335 of the No. 335 of the No. 335 of the No. 331 No. 1 of the No. 191 No. 1 of the No. 191 No. 1 of the No. 335 of the No. 201 of the No. 201

Article 2 (Period and Method of Performance) The gold Suppression (400,000,000) Won on October 30, 201 shall be repaid in two installments in total on 30 October 2012.

Article 3 (Interest) Interest shall be the rate per annum.

Article 5 (Compensation for Delay) If the obligor delays the repayment of the principal or interest, the late payment damages shall be paid at the rate of the annual rate for the delayed principal or interest.

Article 9 (Recognition of Compulsory Execution) The plaintiff, C, and D acknowledged that there was no objection even if compulsory execution was conducted immediately when the monetary obligation under this contract has not been performed.

Debtor: Debtor jointly and severally liable for the plaintiff: The defendant

C. On the other hand, on November 23, 201, the Plaintiff asserted that the date on which the instant agreement was prepared is September 10, 201. However, the Plaintiff asserted that it was September 10, 201.