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(영문) 청주지방법원 2020.08.19 2019가합10962
청구이의
Text

The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From August 28, 2018 to October 18, 2018, the Defendant: (a) lent at least KRW 55,498,627 on a yearly interest rate of 24% to the Plaintiff operating the renovation project of closed cables, etc., which is a business of lending money; (b) from August 28, 2018 to October 18, 2018, the Defendant repaid part of the above borrowed money by November 2018.

B. On November 2018, the Defendant: (a) indicated the Plaintiff’s name and address in the column of issuer and address of promissory notes in order to secure the instant loan claims from the Plaintiff; and (b) affixed the Plaintiff’s seal thereto, but the remaining matters are blank promissory notes (hereinafter “instant promissory notes”).

(2) On December 3, 2018, the Defendant entered “Defendant”, “Defendant, 50,000,000 won”, “in the face value column,” “The date of issuance, Busan Metropolitan City,” respectively, in the column of place of payment, and “The Plaintiff and the Defendant’s representative at D office as a notary public, shall have the right to request a notarial deed to the effect that no objection is raised even if compulsory execution is in default.” On the same day, E entered the Plaintiff’s name and address and affixed the Plaintiff’s seal, but the remainder was issued with a power of attorney as to the request for the preparation of a notarial deed and the Plaintiff’s certificate of personal seal impression. However, on December 3, 2018, the notarial deed was written to the effect that “Defendant”, “the notarial deed”, “the Plaintiff, and the Plaintiff, as a representative of the Plaintiff, was not immediately subject to compulsory execution against the bearer of the notarial deed.”

3. The Plaintiff on December 7, 2018.

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