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(영문) 서울중앙지방법원 2017.07.21 2016가단21559
청구이의
Text

1. The defendant's notary public against the plaintiff shall make the law firm's claim;

(a) No. 915, 2014;

Reasons

1. Facts of recognition;

A. The Plaintiff agreed to borrow money from the Defendant for the purpose of investing in the Company D operated by Nonparty C, etc. (hereinafter “Notarial Deed 1”). The Plaintiff borrowed money from the Defendant on September 15, 2014; KRW 4,400,000 on September 17, 2014; KRW 7,000,000 on September 17, 2014; KRW 3,50,000 on September 19, 2014; KRW 0,300,000,000 on September 22, 2014; KRW 0,300,000,000 on September 10, 2014; KRW 10,000 on September 10, 200,00 on September 23, 2014; KRW 10,000 on September 7, 200,00 on September 30, 2014; and

B) The Plaintiff and the Defendant decided to partially reduce the loan amount under the preceding paragraph. On October 8, 2014, the Plaintiff’s agent E loaned KRW 50,00,000 to the Plaintiff on September 26, 2014 at the Plaintiff’s claim by notary public law firm, and the Plaintiff borrowed the loan. The Plaintiff shall repay the principal in a lump sum on October 20, 2014, and the interest rate shall be 20% per annum. If the Plaintiff delays the repayment of the principal or interest, damages for delay shall be paid at the rate of 25% per annum on the delayed principal or interest. If the Plaintiff and the joint guarantor fail to perform monetary obligation under this contract, the Plaintiff’s agent shall immediately be admitted that there is no objection even if compulsory execution is performed.

(2) On the other hand, the Defendant lent KRW 20,000,000 to the Plaintiff on several occasions in the absence of date. On October 20, 2014, the Plaintiff’s agent E loaned KRW 20,000 to the Plaintiff on September 26, 2014 as a notary public’s claim under Article 915 of the deed to the Plaintiff on September 26, 2014, and the Plaintiff borrowed this.

The plaintiff shall pay the principal in lump sum on October 20, 2014, and the interest rate shall be 20% per annum.

When the plaintiff delays the repayment of principal or interest, 25% per annum on the delayed principal or interest.

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