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Reasons
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(영문) 춘천지방법원원주지원 2015.12.17 2015가단34702
청구이의
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1. The defendant's notary public against the plaintiff, No. 1195, No. 2010, No. 2010, No. 1195.

Reasons

1. Facts of recognition;

A. The defendant is the former representative director of the plaintiff.

B. On August 26, 2010, the Plaintiff prepared a written agreement between the Defendant and the representative director that the Defendant would pay to the Defendant by August 31, 2011 the sum of KRW 100 million invested in A Co., Ltd. and KRW 75 million invested in the Defendant’s operating capital and KRW 75 million invested in A Co., Ltd., and KRW 175 million in total.

C. The Plaintiff and the Defendant drafted a notarial deed of monetary loan agreement No. 1195 (hereinafter “instant notarial deed”) in 2010, in order to further clarify the implementation of the said written notarial deed on the same day. D.

The main contents of the instant notarial deed shall be the debtor, the joint guarantor C (the current representative director of the plaintiff), and D, and the creditor, and the plaintiff shall be jointly and severally paid KRW 175 million to the defendant, and the amount of KRW 40 million among them shall be paid until December 31, 201, the remainder of KRW 135 million shall be paid until August 31, 201, and the interest rate on the said money shall be 20% per annum.

E. By August 4, 2015, the Plaintiff paid only interest KRW 28,253,020 during the pertinent period.

(B) In the event that the Plaintiff failed to repay KRW 175 million to the Defendant on the repayment date, the Defendant obtained the execution clause on the instant notarial deed, and filed an application against the Plaintiff for the seizure and collection order (2015TTTTTTTT 2562,2572) (hereinafter “the seizure and collection order of the instant claim”).

G. Since then, the Defendant collected KRW 10 million on August 5, 2015, KRW 125,232,726 on August 6, 2015, and KRW 14,543,689 on August 10, 2015, respectively, from the banks, the garnishees following the collection order, based on the seizure and collection order of the instant claim. The Plaintiff fully repaid the remainder principal and interest of KRW 68,786,253 on August 27, 2015 to the Defendant.

(h)..

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