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1. The Defendant’s notary public with respect to the Plaintiff is a debt repayment contract No. 130, April 5, 2012, drafted by Yong-Namnam Law Firm.
Reasons
1. Basic facts
A. On April 5, 2012, the Plaintiff borrowed KRW 150,00,00 from the Defendant, and agreed to pay KRW 150,000 on April 5, 2014, and the interest rate shall be KRW 1,50,000 per annum from April 5, 2012 to June 30, 2012, and KRW 2,50,000 per annum from July 2012 to August 2012 (hereinafter “the instant loan”) or “the instant loan”).
(2) Meanwhile, C and D, which were the joint representative director of the Plaintiff at the time, jointly and severally guaranteed the Plaintiff’s obligation to borrow the instant loan to the Defendant. However, according to the monetary loan agreement concluded on April 5, 2012 between the Plaintiff and the Defendant, the agreement terms and conditions between the Plaintiff and the Defendant after September 5, 2012 are indicated as KRW 4,00,00 per month. 2) On April 5, 2012, the Plaintiff, the Defendant, C, and D drafted a notarized deed of debt repayment contract by Yong-Nam Law Firm 130, 2012.
(hereinafter referred to as “instant authentic deed”). B.
The defendant's compulsory execution defendant issued the Daegu District Court Order 2015TTTT 1695 and collection order as to the deposit claim against the Daegu Bank in Daegu, Daegu, with the sum of KRW 15,957,365, and KRW 71,035,315, which is calculated at the annual rate of 30% from December 1, 2014 to November 18, 2015 as the interest rate of KRW 15,957,365, and application cost of KRW 77,950.
[Ground of recognition] The fact that there is no dispute, Gap's 2, 8, 10-1, 2, and 2-1 of the evidence Nos. 2, and the purport of the whole pleadings
2. Judgment on the Plaintiff’s assertion of repayment
A. The Plaintiff’s assertion 1) According to an agreement between the Defendant and the Defendant on December 27, 2013, the Plaintiff asserted that the Plaintiff paid KRW 150,00,000 to the principal of the instant loan and KRW 22,50,000 (in May, 2013, between August and December, 2013, and KRW 172,50,000,000, in lieu of payment of KRW 3750,00,00, in total, of the interest accrued from August, 2013 to December, 200.