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(영문) 대전지방법원 2019.05.16 2018가단17478
청구이의
Text

1. The defendant's notary public against the plaintiff (appointed party) and the appointed party C, No. 643 of D 2017, No. 643.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence Nos. 1 to 4, 7, and Eul evidence No. 1 (including paper numbers), and the whole purport of the pleadings:

Plaintiff

A borrowed KRW 15 million from the Defendant on October 18, 2017, and received the aforementioned KRW 15 million from the Defendant.

(hereinafter “instant loan”). The Plaintiff agreed to repay the instant loan to the Defendant and the Defendant in 12 installments over a 1.5 million won each month.

B. On October 18, 2017, Plaintiff A and the Defendant drafted a certificate of borrowing KRW 15 million with the maturity date as of November 17, 2017 (Evidence 1).

In addition, on the same day, the Plaintiffs and the Defendant leased the Plaintiff KRW 18 million to the Plaintiff at maturity of November 18, 2017 and interest rate of 25% (payment on November 18, 2017). The Plaintiff C prepared a notarial deed of a monetary loan agreement No. 643 of the document prepared in 2017, which includes the joint and several guarantee of the Plaintiff’s above obligation to the Defendant.

(hereinafter referred to as “instant authentic deed”). C.

On July 31, 2018, the Defendant seized corporeal movables owned by the Plaintiffs, based on the instant notarial deed as “principal KRW 18 million, interest KRW 3,131,507,” with the amount claimed based on the instant notarial deed as “the amount claimed.”

Meanwhile, the Plaintiffs paid to the Defendant KRW 8.5 million, KRW 1.5 million on October 18, 2017, KRW 15 million on November 17, 2017, KRW 1500,000 on December 19, 2017, KRW 1500,000 on January 15, 2018, KRW 1500,000 on February 21, 2018, KRW 500,00 on April 16, 2018, and KRW 500,000 on April 27, 2018.

2. Determination as to the cause of action

A. The Plaintiff’s assertion A decided to repay the instant loan to the Defendant 1,500,000 won per month.

Accordingly, Plaintiff A paid a total of KRW 8.5 million to the Defendant from October 18, 2017 to April 27, 2018. As such, the amount that the Plaintiffs are liable to pay to the Defendant is KRW 6.5 million.

Therefore, the authentication of this case is based on the Notarial Deed.

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