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(영문) 서울동부지방법원 2014.05.16 2013가합108066
청구이의
Text

1. As to the Defendant:

(a) No. 291, February 26, 2013, No. 2013, No. 291.

Reasons

1. Basic facts

A. On February 26, 2013 at the commission of the Plaintiffs and the Defendant, a notary public formulated a notarial deed No. 292 of the Money Loan Agreement No. 291 of 2013 (hereinafter “No. 1 notarial deed”) and “the Defendant lent KRW 50,000,000 to the Plaintiffs on January 5, 2012, with interest rate of 39% each year,” each of the above notarial deeds No. 292 of the No. 2013 (hereinafter “No. 2, 2013”) and each of the above notarial deeds, which read that “the Defendant loaned KRW 70,00,000 to the Plaintiffs on June 30, 2013, with interest rate of 39% each year.”

B. Meanwhile, as indicated below, the Plaintiffs repaid the Defendant’s debt based on each of the instant notarial deeds by transferring money to the account designated by D, the husband of the Defendant.

EF E CH CH A A 2 【Ground for Recognition】 without dispute, each entry in Gap's 1, 2, and Eul's 1 through 3 (including paper numbers), and the purport of the whole pleadings

2. Determination

A. On August 7, 2013, as indicated in the calculation table of the amount appropriated in the separate sheet, if the plaintiffs' repayment of their respective repayment amounts with respect to the loan obligations based on the notarial deeds of this case is made in accordance with Articles 479 and 477 subparagraph 4 of the Civil Act, the agreement on the loan obligations based on the notarial deeds of this case is 23,125,89 won (=5,502,158 won x 50 million won x 50,000 won x 120,000 won x 50,000 won x 32,376,258 won (=5,502,508 won x 70,700,000 won x 30% annual interest rate of each of the loan obligations based on the notarial deeds of this case) and the interest rate of each of the notarial deeds of this case exceeds 32,376,258 won per annum.

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