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(영문) 춘천지방법원 원주지원 2021.03.18 2020가합5002
청구이의
Text

Compulsory execution based on the following process deeds shall be KRW 97,00,000 and shall be fully paid from October 12, 2019:

Reasons

1. Basic facts

A. From February 25, 2013 to July 19, 2013, Plaintiff C was paid 230,000,000 won as loans, etc. (hereinafter “instant loan”); and Plaintiff C was paid with the obligation to pay the principal and interest, etc. pertaining to the instant loan from the Defendant (hereinafter “the instant loan obligation”).

B. On May 30, 2013, Plaintiff D, the spouse of Plaintiff C, issued, at its face value, KRW 200,000,000 at its face value, and on April 30, 2014 on the date of payment, promissory notes, the place of payment, and place of payment at each prime level, respectively, to the Defendant. On November 13, 2013, a notary public drafted a process of recognizing compulsory execution under the said Promissory Notes (hereinafter “certificate No. 1”) with No. 1248 on November 13, 2013.

(c)

Plaintiff

C. On April 10, 2014, in relation to the payment of the instant loan obligations, C and E issued a promissory note with face value of KRW 198,00,000 at face value to the Defendant on May 30, 2014, which is the date of payment, and KRW 198,00,000 on May 30, 2014; and on the same day, a notary public drafted a process deed recognizing compulsory execution under the said promissory note as a law firm G G certificate (hereinafter “certificate 2”).

(d)

Plaintiff

A and B, with respect to the payment of the instant loan obligation, on September 19, 2014, the Defendant and notary public drafted, as indicated below, No. 551, a document pertaining to the process of lending and borrowing of money (hereinafter “the third public deed of this case”) with the following content (i.e., the obligee “Defendant”; and (ii) the obligor “Plaintiff A and B,” respectively; and (iii) the obligee borrowed KRW 20,000,000 from the obligor on September 19, 2014.

Article 2 (Time Limit and Method for Change) The payment deadline shall be April 30, 2015.

Article 3 (Interest) Interest shall be paid in 1,400,000 won each month from September 25, 2014 to September 25, 2014.

Article 9 (Failure of Compulsory Execution) The debtor and the joint guarantor of the debtor are under this Agreement.

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