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(영문) 광주지방법원 2021.01.19 2020가단11556
청구이의
Text

Of the counterclaims of this case, the part excluding the claim for the payment of money on each process deed as set forth in paragraph 2.

Reasons

1. Facts of recognition;

A. On May 31, 2019 between the Plaintiff and the Defendant, a notary public of May 31, 2019, prepared a fair deed of monetary consumption and loan agreement stating the purport that “The Plaintiff borrowed KRW 10 million from the Defendant on May 31, 2019, and the maturity date shall be July 30, 2019, but no special agreement was made on interest and delayed damages, and if the Plaintiff fails to perform his/her obligation to return the borrowed money, no objection may be raised even if compulsory execution is carried out” (hereinafter “instant one’s fair deed”).

B. On January 13, 2020 between the Plaintiff and the Defendant, a notary public borrowed KRW 50 million from the Defendant on November 19, 2019, “The Plaintiff borrowed KRW 50 million from the Defendant on November 19, 2019. The maturity date shall be February 9, 2020, but the rate of delayed damages shall be 20% per annum, and where the Plaintiff fails to perform his/her obligation to return the above borrowed amount, the fairness certificate of monetary consumption lending and lending contract (hereinafter “instant 2 authentic deed”).

(c)

From February 10, 2020, the Plaintiff began to repay each of the above loans from February 10, 202 when the period of repayment on the instant 1’s official deed and the 2’s official deed has expired. After the repayment of all the obligations on the instant 2’s official deed with a large amount of interest in repayment, the Plaintiff repaid each of the following amounts: (a) on October 10, 2020; (b) on February 11, 2020, KRW 10 million; and (c) on February 14, 2020, KRW 10 million; and (d) on June 22, 2020, KRW 31,541,633, respectively.

(d)

Meanwhile, the Defendant received reimbursement of KRW 844,600 on February 26, 2020 through compulsory execution of corporeal movables based on the instant work deed. The Defendant’s compulsory execution cost incurred by the Defendant due to the execution, etc. based on the instant work deed is KRW 275,400 (249,400 for expenses related to compulsory execution of KRW 249,00 relating to registration on the register of persons without debt).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5 through 8, and Eul evidence No. 7 (including branch numbers), respectively.

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