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(영문) 서울중앙지방법원 2018.04.17 2017가단5134952
청구이의
Text

1. Certificate C, February 3, 2012, No. 27, No. 2012, against the Plaintiff (Counterclaim Defendant) of the Defendant-Counterclaim Plaintiff.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The plaintiff asserts that he/she fully repaid his/her obligation to the defendant in accordance with the notarial deed as stated in paragraph (1) of this Article (hereinafter "notarial deed of this case") and sought a non-permission of compulsory execution based on the claim of the principal lawsuit.

The defendant asserts that in addition to the above notarial deed, the defendant extended a total of KRW 34 million to the plaintiff several times in addition to the above notarial deed, and thereafter, the claim is also secured by the notarial deed, so the amount repaid by the plaintiff is insufficient to extinguish all of the plaintiff's obligations, and compulsory execution based on the notarial deed of this case should be allowed. If the notarial deed of this case does not guarantee the loan claims incurred thereafter, it asserts that if the notarial deed of this case does not guarantee the loan claims, it is the preliminary claim for counter-performance

2. The following facts do not clearly conflict between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings in Gap evidence Nos. 1-4, 7-10, and 1-10.

On February 3, 2012, the Plaintiff: (a) borrowed money from the Defendant from the past to the time; (b) concluded a monetary loan agreement with the Defendant on the basis of the interest rate of KRW 45 million; and (c) signed the said agreement with the Defendant on December 31, 2012; and (d) written the notarial deed in which the text accepting compulsory execution is written on the same day.

B. After the preparation of the instant authentic deed, the Defendant lent each of the loans to the Plaintiff without fixing the period for repayment, as KRW 29 million on June 1, 2012, KRW 5 million, KRW 5 million on March 26, 2013, KRW 20 million on July 5, 2014, and KRW 29 million on August 2, 2014.

(hereinafter collectively referred to as “additional Loan”). (c)

After the completion of the notarial deed of this case, the Plaintiff repaid to the Defendant the amount indicated in the column of each relevant amount of reimbursement on the date indicated in the column of each payment among the “statement of appropriation” in the attached amount calculation sheet.

3. Determination

A. The defendant.

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