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(영문) 수원지방법원 2016.11.10 2015가단104783
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is a monetary loan agreement No. 1163, No. 1163, 2013.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant married on October 20, 2012.

B. The Plaintiff and the Defendant decided to purchase the right to sell apartment units C located in Sungsung City (hereinafter “instant right to sell apartment units”) in 1/2 shares, respectively.

Around May 16, 2013, the father of the Plaintiff gave 40,000,000 won to the Defendant, and the Defendant paid 32,440,000 won as the price for the instant sales right, and 32,520,000 won as of September 16, 2013, respectively.

C. The Plaintiff’s outer stay, etc., and the Defendant, demanded a divorce by agreement.

As the Defendant demanded the payment of the amount, the Plaintiff paid KRW 40,000,000 to the Defendant on November 28, 2013, and the Plaintiff and the Defendant shared consultations on December 2, 2013.

On December 3, 2013, the notary public, at the request of the Plaintiff and the Defendant, drafted a notarial deed (No. 1163, 2013; hereinafter “notarial deed of this case”) with the following contents, and the Defendant keeps it in custody:

Article 1 (Purpose) Creditor (hereinafter “Defendant”) lent KRW 50,000,000 to the debtor (hereinafter “Plaintiff”) on December 3, 2013, and the debtor borrowed it.

Article 2 (Period and Method of Payment) (Period and Method of Payment) shall be repaid in five installments each time in five installments, counting from each of the 10,000 August 31, 2017.

Where an obligor under Article 6 (Loss of Maturity) that does not have Article 3 (Interest) does not fall under any of the following subparagraphs, he/she shall, as a matter of course, lose the benefit of time for the obligation of the borrowed money, and immediately repay all the remainder of the obligation, even if no other notification or peremptory notice is given by the obligee:

3. At the time of delay in the repayment of the borrowed amount one time by the debtor, if the debtor and the joint and several sureties fail to perform the monetary obligation under this contract, recognition of the absence of objection against the compulsory execution without delay.

E. On March 17, 2014, the Plaintiff (hereinafter “Plaintiff”) to the Defendant on March 17, 2000.

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