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(영문) 부산지방법원 2014.06.12 2013가단28397
청구이의
Text

1. A deed signed by the defendant against the plaintiff on December 9, 2010 by a notary public of the defendant's joint and several law office. No. 1604 dated 2010.

Reasons

1. Facts of recognition;

A. On October 13, 2010, the Defendant agreed to lend KRW 10 million to the Plaintiff (hereinafter “instant loan”) and granted KRW 9,200,000 after deducting KRW 80,000 as the interest per month.

B. The Plaintiff remitted the interest of the instant loan to the Defendant, and KRW 800,000,000,000 to November 1, 2010, and remitted each amount from November 28, 201 to December 9, 2010, such as the relevant date of repayment and the relevant amount of repayment on the calculation sheet of appropriation.

C. The defendant is the above A.

On December 9, 2010, when entering into a loan agreement under this paragraph with the Plaintiff’s certificate of personal seal impression, power of attorney, etc., he/she concurrently entrusted the Plaintiff with the preparation of a notarial deed in relation to the instant loan. Accordingly, on November 22, 2010, the notarial deed stating that “the Defendant: (a) on April 22, 2011, the payment period of KRW 10 million was due; (b) 30% per annum; (c) on April 22, 2011; (d) the payment date of interest; and (d) 22% per annum; and (e) the delayed payment period. In the event that the Plaintiff fails to perform the said monetary obligation, the notarial deed (a notary public confirms that there is no objection even if subject to compulsory execution) was prepared.

The Plaintiff wired each of the money to the Defendant from December 10, 201 to January 2, 2011, such as the interest on the instant loan, the relevant date of repayment, and the amount of repayment indicated in the calculation sheet of appropriation appropriation.

E. On January 3, 2011, the Defendant was paid KRW 30,000 per day from the Plaintiff and lent KRW 2 million to the Plaintiff.

F. The Plaintiff’s interest and the above E of the instant loan to the Defendant

As interest, etc. on the loan, each amount was remitted from January 4, 201 to March 6, 201, such as the relevant date of repayment and the amount of repayment on the calculation sheet of the amount appropriated.

G. The Defendant lent to the Plaintiff KRW 17.6 million on March 7, 2011, KRW 4.6 million on March 21, 2011, KRW 6.6 million on April 25, 2011, respectively.

H. The Plaintiff’s loan of this case to the Defendant

(e)interest on each loan under paragraph (g);

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