(영문) 의정부지방법원 2016.05.20 2015가단7435

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(영문) 의정부지방법원 2016.05.20 2015가단7435

청구이의

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1. Promissory notes No. 3172, No. 201, No. 3172, written by the Defendant’s office of notary public C (D Notaries Joint Office) against the Plaintiff.

Reasons

1. The fact of recognition that the Plaintiff borrowed money from the Defendant on June 19, 201, and prepared the instant notarial deed as to promissory notes worth KRW 20 million in face value, and that the Defendant received the Plaintiff’s benefit claim against the Korea National Defense Institute as the District Court Decision 2015TTB284 on February 23, 2015 on the basis of the instant notarial deed does not conflict between the parties.

2. Determination

A. The gist of the Plaintiff’s assertion is the cause of the instant claim. The Plaintiff, while borrowing KRW 2 million from the Defendant, believed the Defendant’s horse to keep the instant notarial deed only as a collateral and prepared the instant notarial deed. A total of KRW 4.94 million was repaid to the Defendant, and the Defendant did not request the Plaintiff to pay interest, etc., and both principal and interest were repaid.

Nevertheless, the defendant asserts that compulsory execution based on the Notarial Deed of this case should be denied.

B. (1) First of all, according to each of the statements in the Health Team Nos. 3 and 4 (the Plaintiff alleged that each of the above documents was forged or altered, there is no evidence to acknowledge it, and according to the appraiser E’s appraisal result and the purport of the entire pleadings, it is recognized that the Plaintiff borrowed eight million won from the Defendant on June 19, 201 at an annual interest rate of 18%, and thus, the amount borrowed from the Defendant is eight million won.

The plaintiff asserted that only 2 million won was borrowed from the defendant, but according to the plaintiff's argument, the plaintiff paid 130,000 won as interest per month to the defendant, which constitutes an interest rate of 78% per annum on the principal amount of 2 million won, and thus, the plaintiff's argument cannot be accepted.

(2) Next, whether the underlying claim of the Promissory Notes in the instant Notarial Deed has been fully satisfied.

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