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(영문) 광주지방법원 2018.10.10 2018가단512315
청구이의
Text

1. The defendant's notary public against the plaintiff is on the notarial deed No. 889 of 2016, 2016, written in Gwangju Law Firm.

Reasons

1. Facts of recognition;

A. On May 30, 2016 between the Plaintiff and the Defendant, a notary public, drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) No. 889, 2016, drafted as a law firm Gwangju-ro law firm.

Under the above notarial deed, the Plaintiff’s obligation to the Defendant is KRW 100,000,00, and the due date for payment is July 29, 2016, and the interest rate and delay damages rate are 25% per annum.

B. While the Plaintiff paid KRW 30,000,000 among the above money and did not repay the remainder of KRW 70,000,000,000, the notarial deeds of monetary loan agreement No. 74, 2018 (hereinafter “the second notarial deeds”) were prepared by a notary public, who was the representative director of the Plaintiff, as a debtor, and the Defendant as a creditor, as a creditor, as to the unpaid debt, the Plaintiff’s representative director C Co., Ltd. (hereinafter “the Nonparty Company”).

Under the above notarial deed, the debts to the defendant of the non-party company are KRW 70,00,000, and the due date is April 6, 2018, and the interest rate and delay damages rate are 25% per annum.

C. A decision in lieu of conciliation has become final and conclusive in relation to conciliation cases (Seoul District Court 2018Ma55827) relating to the filing of an objection against the defendant by the non-party company against the defendant (the filing of an objection against the claim based on repayment).

Paragraph (1) of the above decision of the court below confirms that compulsory execution based on the second notarial deed against the non-party company of the defendant does not allow any portion exceeding 38,305,442 won and 34,048,850 won which exceeds 24% per annum from August 16, 2018 to the date of full payment.

‘' was the content. D.

The Defendant filed an application for the seizure and collection order with the amount of the instant Notarial Deed KRW 140,174,986 with the title of execution (=100,000,000 for delay damages of KRW 40,039,486 for delay damages of KRW 135,50 for execution, and KRW 135,50 for execution expenses). The judicial assistant of the said court rendered a decision to accept it on March 8, 2018.

The Plaintiff filed the instant lawsuit on April 16, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5 respectively.

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