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(영문) 울산지방법원 2019.01.17 2018가합24147
청구이의
Text

1. Of the instant lawsuit, the Defendant’s deed of preparation of the notary public C office against the Plaintiff, No. 552, 2017.

Reasons

1. In fact, the Plaintiff, from February 1, 2016 to April 2, 2017, acknowledged that the Defendant had a debt of KRW 600,000,000, which was traded with the administrative service agency fee from February 1, 2016 to the end of April, 2017, and offered an offer to reimburse the Defendant in accordance with the following provisions, and accepted it:

Article 2 (Period and Method of Performance) The repayment key shall be December 26, 2017.

Article 3 (Interest) Interest shall be the payment rate at the rate of 9.5% per annum from May 1, 2017 to the due date for repayment.

Article 5 (Compensation for Delay) When the Plaintiff delays the repayment of the above amount, the damages for delay shall be paid to the Defendant at the rate of 15% per annum for the delayed amount.

Article 9 (Recognition of Compulsory Execution) When the Plaintiff fails to perform a pecuniary obligation under this contract, the Plaintiff recognized that there was no objection immediately after compulsory execution.

On December 21, 2017, the Plaintiff prepared a notarial deed of debt repayment contract (hereinafter “notarial deed of this case”) between the Defendant and a notary public’s office No. 552 as follows.

B. On December 29, 2017, the Defendant transferred 100,000,000 won of principal and interest (or damages for delay) interest (or interest) thereon, among the claims based on the Notarial Deed of this case, to D, respectively, and the principal amount of KRW 50,00,000 and interest (or damages for delay) thereon (or damages for delay) claims to E. The notice of assignment of claims reached the Plaintiff around that time.

C. On January 11, 2018, the Defendant, with the title of execution, received a decision to commence compulsory auction on each Plaintiff’s real estate from the Ulsan District Court F on January 30, 2018, and Ulsan District Court G on January 30, 2018. Of them, the Defendant’s application for compulsory auction with respect to Ulsan District Court G was withdrawn on October 1, 2018.

On January 16, 2018, the Defendant: (a) based on the No. 1573 of the No. 2018 No. 2010, U.S. District Court No. 2010, U.S. Supreme Court No. 1573 held against the Republic of Korea.

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