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(영문) 창원지방법원진주지원 2014.07.18 2014가단30380

대여금

Text

1. The Defendant’s notary public C office against the Plaintiff, Co., Ltd., signed a monetary loan agreement No. 440 on July 1, 2008.

Reasons

1. Facts of recognition;

A. On July 1, 2008, the Plaintiff borrowed 2.5 million won to the Defendant at interest rate of 30% per annum, and as to this, written a notarized C Office No. 440 of the document 2008.

B. From July 1, 2008 to December 28, 2011, the Plaintiff paid KRW 3,057,472 in total to the Defendant for the repayment of the above borrowed amount as stated in the separate sheet “amount of payment” as stated in the separate sheet. Accordingly, when calculating the balance of the Plaintiff’s debt on the above notarial deed against the Defendant as of October 18, 2013, the Plaintiff’s principal amount is KRW 681,059, interest KRW 369,451, total amount of KRW 1,050,510,510 as indicated in the separate sheet.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the facts acknowledged as above, compulsory execution based on the above notarial deed against the plaintiff by the defendant against the plaintiff shall be denied only to the above 1,050,510 won, which is the sum of the principal and interest of the above notarial deed against the plaintiff and the part exceeding the amount equivalent to 30% per annum from October 19, 2013 to the day of complete payment.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.