청구이의
The judgment of the first instance court is modified as follows. A.
A notary public of the defendant against the plaintiff is a law firm C.
1. Facts of recognition;
A. 1) The Defendant lent D at the interest rate of KRW 36% per annum on March 27, 2008, and the maturity of payment on December 27, 2008. The Plaintiff guaranteed D’s loan obligations on the same day. (2) The Plaintiff, the Defendant, and D drafted a notarial deed under the Monetary Loan Agreement (hereinafter “instant authentic deed”) by a notary public as prescribed by Presidential Decree No. 528, 2008, with respect to the Defendant’s above loan obligation as of the same day, under Article 2(1), (3), and (4) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201); and (30% per annum on the maximum interest rate of Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 2537, Jun. 11, 2014); and (4) 30% per annum on the loan principal exceeding 30% per annum 30% per annum.
The main contents of the notarial deed of this case are as follows.
Article 1 (Purpose) The Defendant lent KRW 23,000,000 to D on March 27, 2008, and D borrowed this.
Article 2 (Period and Method of Performance) Repayment shall be made not later than December 27, 2008.
Article 3 (Interest) It shall be 30% per annum.
Article 5 (Payment from April 2008 to November 2008) shall not be made on April 27, 2008 (Amount of Delay Damages).
Article 8 (Joint Guarantee) The plaintiff and E agreed to guarantee the debt of D under this Agreement and to discharge the debt jointly with D.
Article 9 (Recognition and Recognition of Compulsory Execution)D, when the plaintiff and E fail to perform the monetary obligation under this contract, they recognize that there is no objection even if compulsory execution has been conducted immediately.
B. In the process of the relevant litigation, the Plaintiff filed an objection suit against the Defendant against the Incheon District Court Decision 2014GaGa39809, which sought non-permission of compulsory execution based on the instant notarial deed. On June 18, 2015, the said court did not exceed the amount calculated by multiplying KRW 25,264,535 by the annual rate of 30% for compulsory execution based on the instant notarial deed as to KRW 25,264,535 and for KRW 14,175,123 from May 22, 2015 to the date of full payment.