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1. Certificates drawn up by C in April 19, 2017 by the Plaintiff’s law firm against the Defendant, No. 327.
Reasons
1. Basic facts
A. On April 19, 2017, the Plaintiff and the Defendant: (a) No. 327 of the 2017 Deed C 2017, a notarial deed of a monetary loan for consumption (Evidence A; hereinafter “instant notarial deed”) was drawn up between the Plaintiff and the Defendant as follows:
On April 17, 2017, the creditor lent KRW 250,000,000 to the debtor on April 17, 2017, and the debtor borrowed this.
Article 2 (Period and Method of Performance) The obligor shall pay this principal to the obligee on May 31, 2018.
Article 3 (Interest) Interest shall be the amount at the rate of 14.4% per annum on the above principal, and the date of payment of interest shall be the 20th day of each month.
When the obligor delays the repayment of principal or interest, the obligor shall pay the obligee damages for delay at the rate of 15% per annum on the delayed principal or interest.
D The representative of the plaintiff debtor as the representative of the defendant creditor D
B. On April 17, 2017, the Plaintiff’s power of attorney (Evidence A2, hereinafter “instant power of attorney”) as of April 17, 2017 attached to the instant notarial deed states that “any authority to designate the above person as his/her agent and commission the preparation of the notarial deed is delegated.” The Plaintiff’s name and address are written in the delegating column as the Plaintiff’s own pen, and the Plaintiff’s certificate of personal seal is attached thereto.
C. On November 25, 2019, the Defendant filed an application for the seizure and collection order against the Plaintiff’s wage claim amounting to KRW 305,684,932, with the total amount of interest calculated at the rate of 15% per annum from June 1, 2018 to November 25, 2019, with the Plaintiff and the garnishee as E Co., Ltd., and with the principal of the claim amounting to KRW 250,00,000,000, and the amount of interest calculated at the rate of 15% per annum from June 1, 2018 to November 25, 2019. On December 4, 2019, the Defendant was issued a seizure and collection order with the Changwon District Court 2019Ta
On December 16, 2019, the Defendant received the principal of KRW 140,00,000 and interest KRW 35,900,000, out of the amount claimed for the seizure and collection order.