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(영문) 대전지방법원 2016.07.14 2015가단214759

청구이의

Text

1. A notary public who belongs to the Daejeon District Prosecutors' Office against the plaintiff of the defendant was prepared on May 28, 2014 by Daejeon Comprehensive Law Firm.

Reasons

Facts of recognition

A. On May 28, 2014, the Defendant lent KRW 47.5 million to the Plaintiff.

In addition, according to the Defendant’s commission, a notarial deed listed in Paragraph (1) of the same Article (hereinafter “notarial deed of this case”) stating that “the Defendant, on May 28, 2014, determined and lent KRW 100 million to the Plaintiff on July 28, 2014 at the maturity of payment, and at 30% per annum, interest was set and lent.”

B. Since June 3, 2014, the Plaintiff opened a bank account (C) and deposited KRW 45,959,486 on the same day, and issued the passbook and its cash card to the Defendant-type D.

Meanwhile, during the period from June 3, 2014 to June 20, 2014, KRW 45,959,400 was transferred from the said one bank account to the Agricultural Cooperative of D.

C. On June 3, 2014, the Defendant: (a) received contact from D on June 3, 2014; and (b) prepared a “written confirmation of debt repayment” with the purport that “the Plaintiff was fully repaid KRW 100 million; and (c) issued the authentic copy of the instant authentic deed.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2 through 5, Eul's testimony, and the overall purport of the pleading are as follows: ① the plaintiff paid KRW 45,959,486 to the defendant's penal D on June 3, 2014; ② the defendant prepared a debt repayment certificate with the purport that he was paid all of the claims under the notarial deed of this case to the plaintiff after contact with D on the same day, and issued the original copy of the notarial deed of this case; and thus, the defendant's claims against the plaintiff under the notarial deed of this case were also paid KRW 45,95,486 to D; the defendant was deemed to have terminated all of them; the defendant, while conducting the business at the time of the plaintiff, D, and E, purchased the land jointly in the name of the plaintiff bank in the name of Do; and the defendant jointly purchased the land in the name of No. 3100, Jan. 3, 2014.