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(영문) 서울중앙지방법원 2017.06.28 2016가단131562

대여금

Text

1. Defendant C’s KRW 85,00,000 and the Plaintiff’s monthly 3% from August 30, 2004 to October 10, 2016 and the following.

Reasons

1. Basic facts

A. (1) On April 20, 2003, the loan certificate dated 2003 (hereinafter “the first loan certificate”) issued on July 20, 2003 by the creditor, the debtor, the amount of KRW 80,000,000 per month, interest rate of KRW 5% per month, and the due date of payment of the loan (hereinafter “the first loan certificate”).

(2) On April 20, 2013, the issuer B, the Plaintiff, and the face value of KRW 80,000,000,000 for the due date, the place of issue, the place of payment, and the place of payment, respectively, were issued. On October 10, 2013, the Plaintiff, on behalf of the Defendant B, drafted a notarial deed (hereinafter referred to as “notarial deed 1”) that recognizes that there is no objection if a notary public delays the payment of the promissorysory note under Article 6887 of the Han River No. 203, the Han River No. 2013, 2013.

B. 1) On February 16, 2004, the issuer of the Defendant C and the merchant Atech Co., Ltd., the payee, the Plaintiff, the Plaintiff at par value of KRW 85 million, the payment date at sight, the place of issue, the place of payment, and the place of payment each of the Promissory Notes as Seoul Special Metropolitan City (hereinafter referred to as the “half Promissory Notes”).

) The Plaintiff was issued on behalf of the said issuer, and on March 2, 2014, on behalf of the said issuer, a notarial deed recognizing that there is no objection even if a notary public delays the payment of the Promissory Notes under Article 9886 of the Han River Deed 2004, even if he/she is immediately subject to compulsory execution (hereinafter referred to as “second notarial deed”).

2) On April 20, 2004, the loan certificate drawn up as of May 20, 2004 (hereinafter “the second loan certificate”) was drawn up by the creditor, the debtor C, the amount of KRW 85 million, interest rate of KRW 5%, interest rate of KRW 5%, and the due date of payment on May 20, 2004.

3) In addition, Defendant C’s loan certificate stating that if the Plaintiff on August 10, 2004 and the Plaintiff are unable to pay KRW 75 million, the interest shall be calculated at 5% per month for KRW 85 million from August 30, 2004 (hereinafter “third loan certificate”).

C. (1) The Plaintiff: (a) based on the No. 1 notarial deed, seized the corporeal movables owned by the Defendant B as Suwon District Court No. 2005No12463, Dec. 22, 2005, and seized dividends of KRW 302,068.