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(영문) 부산지방법원 2018.10.25 2018가단2864
청구이의
Text

1. The defendant's notary public against the plaintiffs is a monetary loan agreement of 2007 No. 1293.

Reasons

1. There is no dispute between the parties to the judgment as to the claim, or according to the statements in Gap evidence Nos. 1, 2, 3, 5, 6, 7, and 9 (including a serial number), it is reasonable to view that the following facts are recognized and the plaintiffs' obligations against the defendant based on the Notarial Deed as stated in the order have ceased to exist. Thus, compulsory execution based on the above Notarial Deed should be dismissed.

(A) On June 1, 2017, the Defendant’s assertion that Plaintiff A’s claim against Plaintiff A was not transferred is rejected. The obligee of Article 1 (Purpose) of the Notarial Deed for Loan for Consumption lent KRW 5 million to the obligor and the obligor borrowed it.

Article 2 (Period and Method of Performance) The obligor shall pay the principal of the obligation to the obligee by June 30, 2007.

Article 3 (Interest) Interest shall be the amount at the rate of 36% per annum on the said principal, and the date of payment for interest shall be the first day of each month.

Plaintiff

On June 1, 2007, A and the defendant prepared a notarial deed with the following contents, and the plaintiff B guaranteed the above notarial deed.

(2) On April 23, 2007, Plaintiff A received an order for payment from Plaintiff A to Plaintiff on April 23, 2007 from Busan District Court 2007Guj9836 that “E shall pay the Plaintiff KRW 10 million and its delay damages.” The above order was finalized around that time. The Defendant and E prepared a notarial deed with the following contents on September 11, 2007 (hereinafter “2notarial deed”) (hereinafter “30 million won as to the debt amount of Article 1 of the notarial deed under the 2notarial deed on Debt Repayment Contract and the debt amount of KRW 20 million as to which the obligor (E) shall pay to the obligee (the obligee) and the amount of KRW 20 million as to which the obligor shall pay to the obligee. Article 2 (Period and Method) of the 2 (Period and Method) shall be the obligee until September 30, 207). The Defendant shall make a claim to the obligee on September 16, 2006.

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