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(영문) 서울서부지방법원 2016.02.16 2014가단32017
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is on the authentic deed of promissory notes No. 598, No. 2014.

Reasons

1. Basic facts

A. From September 4, 2013, the Plaintiff’s words C borrowed money from the Defendant from around one month to two months after the date of repayment from the date of lease, and the interest rate was set at 10% per month. On April 30, 2014, the Defendant paid KRW 16,80,000 to the Defendant with all of its obligations owed to the Defendant.

(C) The amount paid to the Defendant by day shall exceed the sum of the principal and interest under the highest interest rate prescribed by the Interest Limitation Act). (b)

C On April 30, 2014, the Defendant borrowed KRW 30,000,00 from the Defendant as interest rate of KRW 10% per month, and on May 29, 2014, the Plaintiff agreed to pay C the said loan obligation to the Defendant.

In addition, on the same day, the Plaintiff and C agreed to pay to the Defendant KRW 10,000,000 to the Defendant by May 29, 2014. On the same day, the Plaintiff and C issued a promissory note in their joint names with respect to the sum of the debt amount to the Defendant, who is the seat of C, to each of the above debt amount, and agreed to prepare and deliver a notarial deed for it.

C. C paid KRW 3,00,00 to the Defendant on April 30, 2014 under the same day as the interest on the same day, and received KRW 1,00,000 on May 7, 2014 as the principal repayment, and KRW 1,00,000 on May 13, 2014; KRW 80,000 on May 19, 2014; KRW 4,200,000 on May 23, 2014; KRW 10,000 on May 30, 2014; KRW 0,000,00,00 on May 30, 30, 200; KRW 30,60,000 on May 30, 300, KRW 300,60 on June 4, 2014; and KRW 6,00 on June 4, 2005; and

On June 30, 2014, the Plaintiff and C and E jointly issued to the Defendant a promissory note amounting to KRW 54,300,000 at par value and KRW 54,000 at sight on the date of payment (hereinafter “instant promissory note”). On the same day, a notary public signed a notarized deed No. 598 of the instant Promissory Notes No. 598 (hereinafter “instant authentic deed”).

[Ground of recognition] A.

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