(영문) 인천지방법원 2015.02.05 2014가단62717

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(영문) 인천지방법원 2015.02.05 2014가단62717

청구이의등

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1. The defendant's notary public against the plaintiff is based on the notarial deed No. 466 of the 2012 Civil Code No. 2012.

Reasons

1. Basic facts

A. On September 10, 2012, the Plaintiff and the Defendant entrusted the preparation of a notarial deed to a law firm partner, “The Defendant lent KRW 23,971,537 to the Plaintiff on January 1, 2007, and the Plaintiff decided to pay KRW 200,000 to the Defendant in installments from October 10 to October 10, 2012, and KRW 300,000 each month from January 10 to September 10, 2017, the Plaintiff prepared a notarial deed stating that “The amount of interest shall be paid at 20% per annum, but shall be paid at 20% per annum” (hereinafter referred to as “notarial deed”).

B. The Defendant, with the title of execution, requested the Incheon District Court 2014TTT 23799 to order the seizure and collection of the Plaintiff’s lease deposit claim against Nonparty C, and received the seizure and collection order from the same court on August 5, 2014.

On the other hand, on September 23, 2014, the Plaintiff received a decision to suspend compulsory execution (this Court Decision 2014Kaga2416) with the content of suspending compulsory execution based on the above seizure and collection order until the judgment of this case is pronounced.

C. The Defendant paid to the Plaintiff KRW 5,700,000 in total between October 10, 2012 and May 19, 2013 after preparing the instant authentic deed.

[Ground of recognition] Facts without dispute, entry of Gap 2-4 evidence, purport of whole pleadings.

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff borrowed KRW 11,200,000 among the Defendant from November 23, 2005 to April 2006. On March 2006, the Plaintiff purchased a heavy tea and did not pay KRW 6,000,000 for the total amount of KRW 17,200,000. However, the Plaintiff paid the Defendant a total of KRW 23,605,572 from February 23, 2006 to March 16, 2007.

On September 10, 2012, the Plaintiff prepared the instant notarial deed at the Defendant’s request, although there was no debt against the Defendant.

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