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(영문) 서울중앙지방법원 2018.06.14 2017가합15329
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is on the notarial deed of bill No. 458, Sept. 7, 2012, 2012.

Reasons

1. Facts of recognition;

A. From March 23, 2012 to March 18, 2015, the Defendant had completed registration of credit business with the trade name “D” under the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”) and operated credit business.

(No. 1). (b)

(1) On August 8, 2012, the Plaintiff borrowed KRW 250 million from the Defendant as of December 8, 2012, with the interest rate of KRW 500,000,000 from December 8, 2012 and KRW 2,00,000 per month (where interest payment is delayed for at least three days, the interest rate for the relevant month shall be KRW 7,50,000,000,000,000,000) (hereinafter “the instant loan”).

(2) On August 7, 2012, the day before the instant loan was owned by the Plaintiff, the Plaintiff completed the registration of creation of a mortgage in the vicinity of the maximum debt amount of the Defendant 375 million won (Evidence 5-7), and on the same day, one promissory note issued to the Defendant as of August 7, 2013, with respect to E forest land E 11,122 square meters and F 2,451 square meters (hereinafter “instant mortgaged real estate”). On the same day, on the same day, the Plaintiff issued to the Defendant a note 1,00,000 won for face value of KRW 375 million, the addressee, the place of payment, and the place of payment, Seoul, and the date of payment.

(3) On the other hand, on September 7, 2012, the Plaintiff is a promissory note with a face value of KRW 375 million, the payee, the Defendant, and the due date for payment (hereinafter “instant Promissory Notes”).

(B) On the same day, the Plaintiff issued a notarial deed (No. 1; hereinafter “instant notarial deed”) to the effect that a notary public recognizes compulsory execution based on the said Promissory Notes (No. 1; hereinafter “instant notarial deed”) by a notary public as G on the same day, as C 2012.

and accordingly, this case’s notarial deed was prepared.

C. The Plaintiff paid KRW 3.1 million to the Defendant on September 10, 2012, KRW 500,000,000 on October 8, 2012, and KRW 5 million on November 7, 2012, under the pretext of the repayment of interest on the instant loan, including interest on the instant loan, etc., and the Plaintiff paid KRW 5 million to the Defendant on the pretext of the repayment of interest on the instant loan, and is attached Form 3 even after the maturity date expires.

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