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(영문) 광주지방법원 2014.11.27 2014가단23107
청구이의
Text

1. The Defendant’s decision of performance recommendation rendered by the Gwangju District Court No. 2013 Ghana59820 on June 10, 2013 to the Plaintiff.

Reasons

Facts of recognition

On February 24, 2000, the defendant against the plaintiff set the due date as May 24, 2000 and lent to the plaintiff 30 million won without interest.

On January 27, 2003, the Plaintiff, at the Defendant’s request, drafted a notarial deed of a monetary loan agreement between C and C on a deposit basis with the content that a notary public would borrow 40 million won from C at an annual interest rate of 12% per annum, 24% per annum, 27% per annum, and 27 November 2003.

C around September 2003, around September 2003, transferred the claim against the plaintiff on the above notarial deed to the defendant, and notified the plaintiff of the transfer of claim.

On May 30, 2013, the Defendant filed a lawsuit against the Plaintiff as the Gwangju District Court 2013Gaso59820, and sought payment of KRW 12,50,000 and damages for delay against the Plaintiff. On June 10, 2013, the instant decision became final and conclusive on July 6, 2013, on the ground that the instant Plaintiff did not raise an objection against the decision on performance recommendation made on June 10, 2013 (hereinafter “instant decision on performance recommendation”).

The defendant asserted as follows as the cause of the claim in the above case.

On January 27, 2003, the plaintiff (the defendant of the above 2013 Ghana59820) drafted an authentic deed of a monetary loan agreement with a notary public of the 2003 Dong-dong Office of Gwangju in terms of interest rate of KRW 12% per annum, interest rate of KRW 40 million per annum, interest rate of delay rate of KRW 24% per annum, and due date of repayment of November 27, 2003.

The defendant (the plaintiff of the above 2013 Ghana59820) acquired the above claim against the plaintiff from C on September 1, 2003.

If the Plaintiff appropriated the sum of KRW 1,795,00,000,000 paid to the Defendant from February 26, 2003 to March 7, 2013, to pay interest and delay damages on the above claim, interest and delay damages on KRW 17,325,00 remain. If the Plaintiff’s outstanding principal is added to KRW 40,000,000, the total amount of the claim is KRW 57,325,00,000, or the Defendant partly claims.

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