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(영문) 의정부지방법원 2019.12.19 2019가단7778
청구이의
Text

1. The plaintiff's claim is dismissed.

2. On April 26, 2019 with respect to cases of application for suspension of compulsory execution by this Court.

Reasons

1. Article 1 (Agreement on Bonds and Written Confirmation) ① The Plaintiff received a loan amount of KRW 100 million from the Defendant on July 20, 2005 from the Defendant and delivered the loan certificate and receipt to the Defendant. As such, the Plaintiff confirmed the above loan, and as to the loan amount, the agreement and written confirmation on the loan shall be prepared and issued to the Defendant.

On July 20, 2005: The date of the loan agreement for repayment of KRW 100 million (interest rate of KRW 36% per annum): Article 2 (Security) on May 10, 2019 (1) on May 10, 2019, the Plaintiff set up a collateral security of KRW 150,000,000,000 for E forest and field E in Taecheon-do owned by the Plaintiff, and the additional notarial deed is to be delivered to the Defendant as security.

(Notarial Deed) The date of maturity for the principal shall be until May 10, 2019, and if the repayment is not made by the due date, it shall be agreed to make compulsory execution with a promissory note No. 7. 20, 2005, which was issued on July 20, 205.

Article 4 (Notarial Deed of Promissory Notes with Chap Law Office No. 475, 2005) ① In order to secure interest in arrears, the Plaintiff shall deliver to the Defendant a notarial deed with the executive force of No. 475,000,000,000 won of a promissory note issued on July 20, 2005, to the Defendant by a notary public, with the effect of No. 475,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

On July 20, 2005, the Defendant lent to the Plaintiff KRW 100 million (hereinafter “instant loan”). As to this, on September 21, 2005, the Defendant drafted a certificate (hereinafter “certificate”) No. 2858, No. 2858, a notary public’s office (hereinafter “certificate”), the key contents are as follows.

B. On July 20, 2005, the Plaintiff issued a promissory note with a face value of KRW 150 million to the Defendant.

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