(영문) 대전지방법원서산지원 2016.11.30 2015가단51274

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원서산지원 2016.11.30 2015가단51274

청구이의

Text

1. A notary public against the Plaintiff (Counterclaim Defendant) written on March 28, 2013 by the Defendant (Counterclaim Defendant) on the law firm Samwon.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 31, 2012, the Defendant: (a) on July 31, 2012, lent to the Plaintiff KRW 8280,00 (the amount calculated by subtracting KRW 120,000 from the advance interest out of KRW 8.4 million) at the maturity rate of 30% per annum on October 31, 2012.

B. On February 6, 2013, the Defendant respectively lent to the Plaintiff the amount of KRW 2.7 million (the amount calculated by deducting the interest of KRW 3 million from the amount of KRW 3 million) and KRW 2.7 million on February 26, 2013 (the amount calculated by deducting the interest of KRW 3 million from the amount of KRW 3 million).

C. On April 8, 2013, August 8, 2013, and December 11, 2013, the Plaintiff drafted a notarial deed of a monetary loan agreement to the Defendant with the following content:

(1) A notary public, on April 8, 2013, set the maturity date of KRW 8.4 million to the Plaintiff on March 28, 2013, and lent KRW 8.4 million to the Plaintiff on March 28, 2013. (2) A notary public set the maturity date of KRW 597 of the deed No. 597, August 8, 2013, on July 22, 2013, and lent KRW 21 million to the Plaintiff on July 22, 2013 by 30% per annum.

3) On October 28, 2013, a notary public C office, deposited KRW 33,708,000 in total under the name of the Plaintiff’s account in the name of the Defendant from August 5, 2012 to March 27, 2015, the Defendant, on December 11, 2013, lent KRW 288,80,000 to the Plaintiff on October 28, 2013 at the interest rate of 30% per annum. Meanwhile, during the period from August 5, 2012 to March 27, 2015, the Defendant deposited KRW 33,708,00 in total under the name of the Plaintiff’s account as indicated in the “the amount of payment” column in the attached claim account sheet. The Plaintiff’s credit card payment claim against the Plaintiff’s credit card company was seized and collected, or the amount was appropriated for repayment of the loan by means of delivery of fireworks, etc. from the Plaintiff.

each entry of evidence of Nos. 1, 2, 3, 18, 20, 21, 22, and 23, and the purport of the whole pleadings.

2. Determination

(a) the determination of the amount of loans and the validity of a notarial deed.

유사 판례

-인천지방법원부천지원 2015.10.07 2015가단18673

-대전지방법원 2017.06.15 2016나107781

-대전지방법원 2016.05.25 2015가단3027

-수원지방법원안산지원 2016.10.18 2016가단15693

-서울동부지방법원 2014.05.16 2013가합108066