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(영문) 부산지방법원 서부지원 2018.02.09 2017가단106617
청구이의
Text

1. The defendant's notary public against the plaintiff was dated July 9, 2007 No. 1541 dated 2007.

Reasons

1. Basic facts

A. In around 2007, the Defendant operated the instant entertainment tavern (hereinafter “instant entertainment tavern”) near the Western market located at the time of port.

B. The Plaintiff borrowed KRW 18 million from the Defendant on the pretext of a prepaid deposit in order to repay the debt borrowed from the previous business establishments on the condition that he works at the entertainment tavern of this case from July 2007.

(hereinafter “instant loan”). C.

On July 9, 2007, the defendant prepared a notarial deed of debt repayment contract (hereinafter "notarial deed of this case") between the plaintiff and notary public as the law firm No. 1541 on July 2007, and the main contents are as follows.

The debtor (the plaintiff) shall approve on July 9, 2007 that he/she bears the obligation of KRW 18 million from the creditor (the defendant).

The due date shall be August 8, 2007.

Interest shall be paid from July 9, 2007 to 2.5% per month. D.

Based on the instant notarial deed, on May 24, 2017, the Defendant received a seizure and collection order (hereinafter “instant seizure and collection order”) against the Plaintiff’s deposit, etc. against the Plaintiff’s respective financial institutions, as the Busan District Court Branch Branch 2017TTTT 4143, on the basis of the instant notarial deed. At that time, the original copy of the instant order was served on the Plaintiff and the said six financial institutions, respectively.

The Defendant received KRW 268,089 from the Bank of Korea as part of the above collection on June 12, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap 1's evidence, Eul 1's evidence, and 2's purport of the whole pleading

2. The parties' assertion

A. The Plaintiff’s primary claim is the instant loan that the Defendant lent to the Plaintiff on the condition that the Plaintiff worked as a entertainment drinking house in the instant entertainment drinking house and her leaps.

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