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(영문) 대전지방법원천안지원 2016.10.13 2016가단106137
청구이의
Text

1. The defendant's notary public against the plaintiff also has the executive force of No. 932 of November 10, 2010, signed by the defendant against the plaintiff.

Reasons

1. Basic facts

A. The plaintiff and C borrowed KRW 50,000,000 from the defendant, but failed to pay it properly.

B. After that, on November 10, 2010 between the Plaintiff and the Defendant, a notary public: (a) borrowed KRW 25,000,000 to the Plaintiff on November 10, 2010; (b) “Defendant lent KRW 25,000,000 to the Plaintiff on November 10, 2010; and (c) the Plaintiff borrowed it. The due date and method shall be paid KRW 300,000 on March 31, 201, and the amount shall be paid KRW 20,000 on June 30, 201. Interest shall be paid KRW 30,000 as at the end of each month. If the debtor fails to perform his/her monetary obligation under this contract, it was immediately recognized that there is no objection thereto even if compulsory execution was conducted.”

C. In addition, even between the Defendant and C, a notary public is also a certificate of law firm preparation as of November 10, 2012, and as of November 10, 2010, the Defendant borrowed KRW 25,000,000 to C, and C borrowed it. The due date and method are to pay KRW 1,00,000 in 25 installments each month from September 28, 2012 to September 28, 2014. Interest shall be paid at 20% per annum. If the obligor fails to perform his/her monetary obligation under this contract, a notarial deed of money loan contract was drawn up, which provides that “The Defendant shall have no objection, even if he/she is immediately subject to compulsory execution.”

However, even after the Plaintiff and C failed to repay the above borrowed money to the Defendant, and the Defendant urged the Plaintiff to pay the above borrowed money through the debt collection agency, the Defendant received KRW 15,000,000 from the Plaintiff on July 19, 2014, and prepared a written agreement (hereinafter “instant agreement”) with the Plaintiff as follows, and confirmed that the said agreement was received from the Plaintiff on July 19, 2014 by account transfer of KRW 5,00,000 (National Bank D, B), and KRW 10,000,000 from the NAP around 09:03 on July 19, 2014.

July 19, 2014

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