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(영문) 서울중앙지방법원 2019.04.17 2018가합563856
청구이의
Text

1. A notary public against the Plaintiff by the Defendants against the Defendants, No. 383, August 21, 2015, No. 383.

Reasons

1. On August 21, 2015, the Plaintiff’s obligee of the Defendants, the obligee of the notarial deed debtor under a monetary loan agreement, (i) lent KRW 400 million to the obligor (Plaintiff) on August 21, 2015.

Article 2 (Period and Method of Performance) The repayment shall be made in installments on October 31, 2015, and January 21, 2016, respectively.

Article 3 (Interest) No interest shall accrue.

When the debtor delays the repayment of the principal, the late payment damages shall be paid to the creditor at the rate of 25% per annum for the delayed principal.

On August 21, 2015, the Plaintiff drafted a notarial deed of a monetary loan agreement No. 383, No. 2015, No. 383 (hereinafter “instant notarial deed”) with a notary public stating that the Defendants lent KRW 400 million to the Plaintiff between the Defendants and the Defendants.

Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) KRW 50 million on August 21, 2015, KRW 30 million on September 4, 2015, KRW 200 million on September 2015, 2015, KRW 50 million on August 21, 2015, KRW 200 million on September 21, 2015, KRW 30 million on September 2015, KRW 200 million on September 16, 2015.

B. From August 21, 2015 to September 16, 2015, the Defendants leased KRW 200 million each of the following KRW 100 million to the Plaintiff.

C. On October 27, 2015, the Plaintiff repaid the Defendants the total of KRW 200 million each, in total, KRW 100 million.

D. On July 27, 2018, on the ground that the Plaintiff did not repay the remainder of KRW 100 million, the Defendants applied for a seizure and collection order with the Plaintiff’s claim for the amount of settlement deposit based on the instant notarial deed. On July 31, 2018, the court issued an order of seizure and collection on July 31, 2018. The order of seizure and collection was served on the garnishee around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The summary of the party’s assertion (1) The Plaintiff’s assertion attempted to lend KRW 400 million from the Defendants as interest free of charge, but 5.0 billion PF funds.

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