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(영문) 서울중앙지방법원 2017.09.07 2016가단130378
청구이의
Text

1. A deed of 2009 drawn up by the defendant's notary public against the plaintiff on March 20, 2009, in which the defendant's notary public office North Korean Joint Law Office was a law firm.

Reasons

1. Facts of recognition;

A. On March 17, 2009, the Defendant lent gold KRW 20 million to the Plaintiff.

On March 20, 2009, the Plaintiff and the Defendant entrusted a notary public with the following contents, taking into account the principal and interest, and received a notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) from No. 669 of 2009 as a certificate of law office North Joint Law Firm (hereinafter “No. notarial deed of this case”).

- Article 1 (Purpose) (Purpose) The Defendant lent gold 26 million won to the Plaintiff on March 17, 2009, and the Plaintiff borrowed this.

- Article 2 (Period and Method of Repayment) The Plaintiff shall pay the above borrowed money on June 17, 2009.

Article 9 (Recognition of Compulsory Execution) The Plaintiff recognized that there was no objection even if compulsory execution was conducted immediately when the Plaintiff did not perform a pecuniary obligation under this contract.

- C ( husbands of the plaintiff) shall provide joint and several sureties with the above loan obligation.

B. As the Defendant was unable to receive part of the amount based on the instant notarial deed from the Plaintiff, on April 2, 2015, the Defendant filed a lawsuit against the Plaintiff’s husband and wife for a loan claim as Seoul Northern District Court 2015Da12182. On April 20, 2015, based on the instant notarial deed, on April 20, 2015, the Defendant applied for a seizure and collection order against the Plaintiff’s deposit claims against the financial institution, such as a national bank, etc., and received the decision of June 9, 2015.

In the procedure of the principal lawsuit of Seoul Northern District Court 2015Kadan12182, May 30, 2016, the Plaintiff and the Defendant established a voluntary adjustment with the content that “The Plaintiff and the Defendants (the Plaintiff department of this case) jointly and severally pay 3 million won to the Plaintiff (the Defendant of this case) by June 30, 2016, and if delay is paid, the unpaid amount shall be paid by adding 15% interest per annum from July 1, 2016 to the date of full payment. The Plaintiff and the Defendants confirm that no bonds and obligations exist except the above matters.”

(hereinafter referred to as “the formation of the conciliation of this case”).

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