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(영문) 대구지방법원의성지원 2015.01.14 2014가단1166
청구이의
Text

1. The defendant's notary public's office C office against the plaintiff was based on the No. 351 of February 12, 2009, No. 351 of 2009.

Reasons

1. Basic facts

A. The Defendant is a credit service provider that registered credit business under the trade name of “D.”

B. On August 14, 2008, the Defendant decided to grant a loan of KRW 10 million to the Plaintiff by the due date until February 14, 2009 and by 4% per month interest.

C. On February 12, 2009, the Defendant, on behalf of the Plaintiff, drafted a notarial deed (No. 351, 2009, hereinafter “notarial deed of this case”), stating that “The Plaintiff shall bear the obligation of KRW 10 million from the Defendant, shall be repaid until February 14, 2009, and interest shall be paid at 3% per month from August 14, 2008 to the date of full payment. If the Plaintiff fails to perform his obligation, he shall be paid on the 14th day of each month.”

In order to repay the principal and interest of the loan to the Defendant, the Plaintiff paid a total of KRW 10,400,000 on 14 occasions from September 27, 2008 to December 22, 2009 as listed in the following table.

An amount from the date of repayment 1208.27 400,000 8. 30 April 30, 2009.04. 19, 2000 1,000,000 2.09. 19, 2000 9.06.01 400,000 3.00 806,000 10 140,000 40,004 April 14, 2009; 100 40,000 40,00 111,230,000 50,00 50, 200 1,000 50, 200 1,000 50,00 5, 2009, 2000 5, 2000 200, 3009, 2009

E. On April 25, 2014, the Defendant received a collection order, based on the instant notarial deed, as the Defendant’s Branch Branch Branch of Daegu District Court 2014TTT286, the claim amount of KRW 7,838,838 [the remainder of the loan amount of KRW 3,320,518,838 [the overdue interest amount of KRW 4,518,838 (the overdue interest amount calculated at the rate of 36% per annum from June 14, 2010 to April 14, 2014].

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is KRW 10 million from the Defendant.

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