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(영문) 대전지방법원 2019.07.24 2018가단227619
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The plaintiffs are married with each other, and the defendant is the plaintiff B's grandchildren.

B. On April 17, 2006, Plaintiff A prepared a certificate of monetary loan to the Defendant stating that “The principal amount of KRW 66.6 million, interest rate of KRW 2,000,000,000,000,000,000,000,000 in the principal amount, shall be paid by selling the vehicle, and the deposit shall be paid upon return of the security deposit, and the remainder shall be paid as retirement pay and year-end settlement, and the remainder shall be settled on a prompt date.”

C. On September 12, 2009, Plaintiff A was unable to repay the principal and interest of the loan under the above B, and on September 12, 2009, issued a certificate of money borrowed to the Defendant stating that “The principal shall be repaid in full at the time of delinquency on interest at least two occasions”.

On February 21, 2012, the defendant filed a loan claim lawsuit against the plaintiff A on April 19, 2012, and sentenced that "the plaintiff A shall pay the defendant 79,012,000 won and 24% interest per annum from September 12, 2009 to the date of full payment". The above judgment became final and conclusive around that time.

E. On March 12, 2013, the Plaintiff B and the Defendant, who represented the Plaintiff A, entrusted a notary public with the preparation of a notarial deed of a monetary loan for consumption with the following contents at the law firm E office, and on the same day, the said notarial deed (Evidence A No. 1-4) was written as follows.

A debtor: The debtor who is the joint and several sureties of the plaintiff: A loan of 126,080,027 won: Interest on December 30, 2018: 12% per annum (8% per annum) and loss of interest based on 24% per annum: Recognition and acceptance of compulsory execution against loss of benefit within a given period without delay at the time of delay of principal or interest: Recognition and acceptance of compulsory execution in cases of default of obligation:

F. On September 5, 2017, the Defendant prepared the instant notarial deed to Plaintiff A, and thereafter August 2018, paid KRW 50,200,000 to Plaintiff, and then appropriated it to the interest of KRW 1% per month as indicated in the notarial deed, and received KRW 70,000,000 out of the remaining principal and interest.

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