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(영문) 울산지방법원 2016.03.25 2015가단21492
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is an executory power, No. 655 of the deed drawn up on November 13, 2014, 2014.

Reasons

1. Facts of recognition;

A. C, on November 2014, on which the Defendant had already been liable for the loan amounting to KRW 35 million, requested the Defendant to lend KRW 20 million to the Defendant to use as a lease deposit in order to promote the business that received the premium after leasing a store and installing a interior facility, and then receiving the premium, but was demanded by the Defendant to provide a security.

B. On November 13, 2014, upon the Defendant’s request, C prepared a notarial deed stating that “C shall borrow KRW 24 million from the Defendant on November 13, 2014 without interest, as of January 13, 2015, and shall pay damages for delay at a rate of 25% per annum if repayment is delayed” (hereinafter “instant notarial deed”). On the same day, C signed the instant notarial deed to the effect that it shall jointly and severally and severally guarantee C’s lending obligation.

C. C borrowed KRW 5 million from the Defendant to rent a game room store on the same day, however, it was difficult for the Defendant to rent the said game room store, and thereafter, returned the above KRW 5 million to the Defendant.

C, who had continuously found a store to be leased, requested the Defendant to rent KRW 20 million to use as a deposit for lease on November 21, 2014.

Accordingly, the Defendant lent KRW 20 million to the Plaintiff, and decided that the lessee himself/herself as a security for the loan claim, and on the same day, concluded a lease agreement with E and F, the lessor of the said store, and paid KRW 20 million directly.

E. On April 2015, the Defendant, while transferring the right to lease to a third party the said store that completed a singing room facility, recovered the amount much more than the lease deposit by additionally receiving the premium of KRW 20 million.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 2, Eul evidence 2 through 4, and Eul evidence 7, witness C's testimony.

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