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1. The defendant's notary public against the plaintiff is Daegu Law Firm but Law Office was prepared on March 2, 2009.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence 1 to 3:
On March 2, 2009, the Plaintiff: (a) borrowed KRW 130 million from C at interest rate of KRW 30 million per annum (hereinafter “instant loan”); (b) and (c) a notary public, “the principal amount of KRW 200 million due, interest rate of KRW 200 million due, interest rate of September 2, 2009, and delay damages rate of KRW 49% per annum,” in Daegu-gu, a notary public of law office No. 409 of March 2, 2009 (hereinafter “notarial deed of this case”).
B. On August 5, 2010, the Defendant acquired the above loan claims against the Plaintiff from C, and received the succession execution clause from the law office as to the instant Notarial Deed from Korea.
C. Based on the instant notarial deed, the Defendant applied for a compulsory auction for real estate auction to this court D with the amount of the applied claim regarding the real estate owned by the Plaintiff as “130 million won and interest thereon 105,235,890 won,” and on December 27, 2010, hereinafter “the dividend of this case” below 153,749,914 won in the said auction procedure.
(d) received dividends.
Based on the instant notarial deed, the Defendant applied for a seizure and collection order against the Plaintiff’s claim against the Kulil Food Industry Cooperatives by the court No. 2013TTT1802, and rendered a final decision to accept it on June 17, 2013.
2. The plaintiff's assertion asserts that compulsory execution based on the Notarial Deed of this case is not permissible since C and the defendant fully repaid the loan of this case.
3. Determination
A. According to the above facts of the claim based on the instant notarial deed, barring any special circumstance, the Plaintiff is entitled to interest at the rate of 30% per annum, which is the agreed rate of KRW 130 million for the Defendant who is the assignee of the instant notarial deed and the instant loan obligations, and interest at the rate of 30% per annum from March 2, 2009 to the date of full payment.