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(영문) 대구지방법원 2015.11.12 2015가합3017

1. The defendant's joint office in Gwangju Notaries Public No. 964, 2013, No. 964, and the same office for the plaintiff.


1. Facts of recognition;

A. On September 201, the Plaintiff borrowed 20 million won from the Defendant with four copies of household checks (No. 3-1-4 of the evidence No. 3) as collateral, and decided to deduct 1 million won from the Defendant’s interest, and the interest rate was set at 10% per month.

Accordingly, the Plaintiff was transferred from the Defendant, KRW 5 million on September 30, 201, and KRW 14 million on October 5, 201, respectively.

B. The plaintiff and the defendant are above A.

From September 30, 201 to April 17, 2014, the transaction of loan for consumption was commenced, and the transaction was conducted through 93 times as indicated in the separate transaction statement “Defendant Plaintiff” and “Plaintiff Defendant” in the separate transaction statement.

Attached Form

The phrase “Defendant Plaintiff” in the specification of transactions is the details that the Defendant lent to the Plaintiff, and the phrase “Plaintiff Defendant” is the details that the Plaintiff paid to the Defendant.

(S) Nos. 5, 9, 11, 18, 21, 24, 25, 33, 51, 90, and 91 are the transactions that the Defendant offered to pay the check that the Defendant received from the Plaintiff as security and settled the account by the Plaintiff. Nos. 6, 18, 21, 33, and 90 are the transactions borrowed from the Defendant for the settlement of the check at issue by the Plaintiff)

C. On February 28, 2013, the Plaintiff drafted a notarial deed No. 964 of the Gwangju Notaries Joint Office No. 2013 (hereinafter “notarial deed of this case”) stating the following: “The maturity of KRW 20 million from the Defendant shall be May 31, 2013 due date, and the interest rate for delay shall be 20% per annum (hereinafter “instant First Agreement”).

In addition, on June 14, 2013, the Plaintiff drafted a notarial deed No. 1524 of 2013 (hereinafter “notarial deed No. 2”) with the Defendant, stating that “30 million won was due and due and borrowed from the Defendant on August 15, 2013” (hereinafter “instant agreement”).

【Ground of recognition” has no dispute, entry and pleading of Gap's 1 through 3, and No. 5.