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(영문) 전주지방법원정읍지원 2015.09.30 2015가합95
청구이의등
Text

1. Obligations arising from the Letter of Payment dated July 30, 2007 between the Plaintiff and the Defendant and the monetary loan agreement dated October 17, 2007.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) was leased KRW 170,000 from the Defendant, which was known by the Plaintiff’s introduction on December 2, 2005, as the rate of 8% per month and March 3, 2006, with the maturity of 76.6 million, and C was under the condition that it repaid KRW 76.6 million.

B. 1) Accordingly, on July 30, 2007, the Plaintiff agreed to pay on behalf of the Defendant the loan obligations as stated in the above paragraph (a) above to the Defendant on behalf of the Plaintiff, and the payment note stating that “the Plaintiff shall pay KRW 190 million to the Defendant by September 30, 2007” (hereinafter “instant payment note”).

2) On October 17, 2007, the Plaintiff and the Defendant drafted a notarized deed No. 562 of 207, 2007, stating that “The Defendant lent KRW 190,000 to the Plaintiff on October 17, 2007, the due date is November 30, 2007, and interest shall be paid at the rate of 36% per annum, and the interest shall be paid at the rate of 36% per annum, and the delay damages for principal and interest shall be 24% per annum. If the Plaintiff fails to perform his monetary obligation under this contract, a notary public, who, without delay, recognizes and acknowledges that there is no objection, even if he is forced to perform the monetary obligation under this contract.”

The defendant shall withdraw the compulsory auction No. 1 of this case by September 25, 2014.

The Plaintiff shall cancel and terminate all the right to collateral security and provisional seizure on the forest of this case with respect to 1,276m2 (hereinafter “the forest of this case”) in Gyeonggi-gu, Gyeonggi-do, and transfer its ownership to the Defendant.

The defendant shall not demand the plaintiff money in any case in the future.

If the aforementioned right to collateral security and provisional seizure are not cancelled, all the responsibilities shall be borne by the plaintiff.

C. On July 16, 2014, the Defendant, based on the instant notarial deed, obtained a decision to commence compulsory auction (hereinafter “instant compulsory auction”) on the real estate owned by the Plaintiff, and the Plaintiff.

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