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(영문) 수원지방법원안산지원 2019.05.22 2018가단65043
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is on the No. 797 No. 797’s No. 2015’s No. 3000.

Reasons

1. Facts of recognition;

A. On November 10, 2015, the Plaintiff drafted to the Defendant a notarial deed for loans for consumption (No. 797, 2015, a notary public, a law firm) for the following terms.

On November 30, 2012, the Defendant lent KRW 41,647,523 to the Plaintiff.

The Plaintiff shall pay two million won on the last day of December 2015, and shall pay five million won on the last day of each time every seven months from the end of March 2016 to the end of September 2017, and 4,647,523 won on the last day of December 2017.

Interest shall be 4.5% per annum and shall be paid in the same manner as installment payments.

If the plaintiff delays the repayment of principal or interest, he/she shall pay the delayed principal or interest at the rate of 20% per annum.

B. On June 22, 2018, the Defendant: (a) issued a claim amounting to KRW 9,277,710 with the Defendant’s claim amounting to KRW 8,504,197; and (b) January 1, 2018 with the Defendant’s title of execution of the said notarial deed as the title of execution; and (b) from January 1, 2018 with respect to the Defendant’s claim against

6. 8. A collection order was issued for the overdue interest of KRW 740,913.

C. The plaintiff below

2.(b)

2) As indicated in the table of paragraph 41,647,523 won was repaid to the Defendant on nine occasions (the fact that there is no dispute over grounds for recognition, Gap 1, 2, and 3, and the purport of the entire pleadings).

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that he/she received the full interest from the Defendant Company by the end of December 2015, which was paid by December 2015, and thereafter 4.5% interest accrued therefrom.

The Plaintiff paid 20% (20%) to the delayed principal or interest for delay, and thus the Plaintiff calculated damages for delay by June 8, 2018 is as follows.

Nevertheless, inasmuch as the Defendant received a seizure and collection order based on the claim amount of KRW 9,277,710 exceeding KRW 2,166,933,00,000 as the sum of interest and interest in arrears until June 8, 2018, compulsory execution against the excess amount is unreasonable.

B. Determination 1 is based on the annual interest rate of 4.5% by the end of December 2015.

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