(영문) 서울북부지방법원 2015.12.18 2015가단130783

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(영문) 서울북부지방법원 2015.12.18 2015가단130783

청구이의

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1. The defendant's notary public against the plaintiff was 2015 No. 543, which was 2015, written by the Law Commission of Law and Law.

Reasons

1. Judgment on the ground of the plaintiff's claim

A. Basic facts 1) From around 2012, the Defendant lent money to the Plaintiff’s Negation. 2) The Defendant demanded C to issue a promissory note for the guarantee of borrowed money.

C On April 3, 2013, the issuer C, the par value of KRW 30,000,000, the due date for payment, and the payee D (the name before the Defendant’s rejection E) issued a promissory note No. 30,000, and issued to the Defendant a certificate of promissory note as to the said promissory note.

On May 28, 2014, C issued one promissory note with the issuer C, the par value of KRW 50,000,000, the due date for payment, and the payee E, and delivered to the Defendant a certificate of promissory note with respect to the said promissory note.

3) On April 9, 2015, C: (a) a notary public presented the Plaintiff’s power of attorney and a certificate of personal seal impression to a law firm Multiurury to request the Defendant to prepare a notarial deed; and accordingly, (b) a creditor (the Defendant) leased KRW 50,00,000 to the obligor (C) on April 9, 2015; (c) the due date shall be the 18% interest rate on June 30, 2015; and (d) the end of each month from April 30, 2015 to the due date of full payment. If the obligor delays the repayment of principal or interest, the due amount shall be paid at the rate of 25% for the principal immediately. If the obligor pays even once the interest on the borrowed amount, the obligor loses the benefit of time; and (d) the obligor immediately pays the remainder of the debt amount. When the obligor fails to perform a monetary obligation under this contract, the notarial deed agreement provides that there is no objection to compulsory execution.

(4) On May 6, 2015, the Defendant applied for a compulsory auction on F-ground buildings owned by the Plaintiff on the basis of the instant notarial deed and received a compulsory auction decision on May 6, 2015, and withdrawn the auction on May 15, 2015.

[Reasons for Recognition] There is no dispute.

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