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(영문) 의정부지방법원 2017.11.02 2016가단35932
청구이의의 소
Text

1. The Defendant’s notary public C office against the Plaintiff is a monetary loan agreement No. 786, Oct. 6, 2015, drafted on October 6, 2015.

Reasons

1. Facts of recognition;

A. On October 6, 2015, the Plaintiff prepared a notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) No. 786 of 2015, 2015, signed between the Defendant and a notary public C office on October 6, 2015, and the main contents are as follows.

Article 1 The creditor lent 40 million won to the debtor on October 6, 2015, and the debtor borrowed it.

Payment under Article 2 shall be made in full on April 5, 2016.

Article 3 Interest shall be determined at 18% per annum and paid on the five-day per month.

When the obligor under Article 5 delays the repayment of principal or interest, he/she shall pay the obligee damages for delay in accordance with the ratio of 18% per annum to the delayed principal or interest.

B. The Defendant filed an application for provisional seizure against the Plaintiff regarding the first floor No. 103 (hereinafter “the instant building”) of Jung-gu District Court 2016Kadan1202 by using the Plaintiff’s claim amounting to KRW 10 million as the preserved claim, and the said court rendered a ruling of accepting the provisional seizure on April 14, 2016 (hereinafter “instant provisional seizure”).

C. On September 27, 2016, the Plaintiff filed a lawsuit against the Defendant to seek payment of KRW 5 million, a deposit of KRW 101,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,000,00

1. The Plaintiff renounces the instant claim.

2.(a)

As of the date of this decision, both parties confirm that as of the date of this decision, the Plaintiff’s debt owed to the Defendant is KRW 45 million, including the obligation to return the lease deposit against E No. 101, the amount of KRW 10 million, and the amount of KRW 95 million, including the preserved claim in the provisional attachment case of this case.

B. Both parties confirm that the amount of KRW 95 million in the claim amount of this case is the remaining amount after deducting five million won in the claim amount of this case.

3.(a)

On October 29, 2016, the Plaintiff paid part of the amount of KRW 95 million to the Defendant as stated in the above paragraph (a).

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