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(영문) 부산지방법원 2017.05.30 2016가단347747
청구이의
Text

1. No. 353, 2007, a notary public against the plaintiffs issued by the defendant.

Reasons

1. Basic facts

A. On February 2, 2007, the Defendant, as a joint and several surety, made the obligee, Plaintiff A, and the obligor, Plaintiff B, and C as the joint and several surety, and the notary public drafted a notarial deed under a monetary loan agreement (hereinafter “instant notarial deed”) by the law firm in accordance with Article 353 of the former Enforcement Decree of the Law Firm 2007. The amount of the loan is KRW 20 million, the due date is KRW 20 million, and the interest rate and the delay damages rate are 3% per month.

B. On December 7, 2010, Plaintiff A filed a suit for objection against Defendant A with the Busan District Court 2010Gahap23053 by asserting that compulsory execution based on the instant notarial deed should not be permitted on the ground that the Defendant renounced compulsory execution or the amount of the claim was changed to KRW 135 million pursuant to the written agreement of February 12, 2009, and that compulsory execution based on the instant notarial deed should be denied. On December 8, 2011, the said court recognized only the fact that the Defendant paid KRW 49.57 million with the principal and interest of the loan on December 8, 201, and rejected the judgment of the court that only recognized the fact that the compulsory execution based on the instant notarial deed against Plaintiff A with the Defendant was in excess of 30% per annum from October 29, 207 to the date of full payment.

The above judgment was finalized on January 6, 2012.

[Ground of recognition] Evidence Nos. 1, Eul Nos. 1 and 2 (including paper numbers), and the purport of the whole pleadings

2. On May 2014, Plaintiff A’s assertion made an agreement with the Defendant to reduce the amount of debt of 120 million won in the instant notarial deed and pay the amount of debt of 3 million won in the monthly amount from June 2014 to September 2014, and to pay the amount of KRW 12 million in the aggregate of KRW 3 million in the month from September 2014. As such, compulsory execution based on the instant notarial deed shall be denied only to the portion exceeding the amount of money calculated by the ratio of KRW 120 million in the monthly amount from October 2014 to September 2014.

3. The written evidence No. 2 and the result of the Plaintiff’s personal examination alone are insufficient to recognize that there was an agreement on reduction of the Plaintiffs’ assertion.

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