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(영문) 부산지방법원 2016.08.19 2015나14775
청구이의 소
Text

1.The judgment of the first instance shall be modified as follows:

Of the instant lawsuit, the Defendant’s notary public against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, as a branch of a partnership with the Defendant, has been borrowing a total of KRW 150,00,000 from March 2, 2010 to June 10, 201.

With respect to the above borrowed money, the plaintiff and the defendant entrusted the law firm Busan Dong-dong on April 8, 2010 with the preparation of a notarial deed of a monetary loan agreement with the purport that "if the plaintiff borrowed KRW 100,000,000 from the defendant on October 8, 2010, at the interest rate of 30% per annum, and if the above monetary obligation is not performed, it shall be immediately recognized that there is no objection even if compulsory execution is not performed," the notarial deed of a monetary loan agreement with the same content was drawn up.

In addition, on May 24, 2010, the Plaintiff and the Defendant: (a) borrowed KRW 50,000,000 from the Defendant on October 23, 2010 from the due date; (b) fixed at 30% per annum; and (c) entrusted the preparation of a notarial deed of a monetary loan agreement with the purport that “if the said monetary obligation is not performed, it shall be immediately recognized that there is no objection even if compulsory execution is performed; and (d) drafted a notarial deed of a monetary loan agreement with the content of the said agreement.”

(hereinafter referred to as "notarial deeds" in 2010 in total. (b)

Since then, the plaintiff borrowed money with interest rate of 30% per annum from the defendant as shown in the attached Table, or paid some of them. The plaintiff and the defendant, the plaintiff and the defendant, on January 28, 2013, borrowed money of 100,000,000 won from the defendant from the defendant to the Busan Dong Department of Law Firm Busan on June 22, 2013, with interest rate of 30% per annum, and if the above monetary obligation is not performed immediately, the plaintiff entrusted the preparation of an authentic deed of a monetary loan contract with the content that "it is recognized that there is no objection even if the above monetary obligation is performed without delay," and the notarial deed of a monetary loan contract with the same content was drawn up.

hereinafter referred to as the "notarial deed of this case"

(i) [In the absence of dispute over the basis of recognition, Gap 1, 2 evidence, Eul 1, 1.

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