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(영문) 의정부지방법원고양지원파주시법원 2017.11.24 2016가단139
청구이의
Text

1. The Defendant’s notary public against the Plaintiff, No. 533, 2013, written by D on October 8, 2013.

Reasons

1. On October 8, 2013, the Defendant: (a) made against the Plaintiff, a notary public at law firm D 2013 as KRW 15,00,000,000; and (b) made a notarial deed of a monetary loan agreement with a notary public at KRW 15,000,000 each month from December 12, 2013 to February 2, 2015, the Defendant paid KRW 1,00,000 each 15 installment payments from the Plaintiff; and (c) in the event of arrears, 30% each year, a notarial deed of a monetary loan agreement

2. The Plaintiff asserts that compulsory execution based on the above notarial deed may not exceed the above amount is allowed, since the balance of the above loan debt against the Defendant is KRW 3,170,425, and the Defendant asserts that compulsory execution based on the above notarial deed shall not exceed the above amount, and the Defendant asserts that the above amount of the loan debt as of April 22, 2015, upon receipt of the above notarial deed, was KRW 17,038,150.

In full view of each of the statements and the overall purport of arguments as stated in Gap evidence No. 1, Gap evidence No. 2 (Calculation Statement), Gap evidence No. 4, Gap evidence No. 5 (Statement of Account Transactions) and Eul evidence No. 1, the plaintiff and the defendant reached an settlement agreement with respect to loans No. 15,000,000 and delay damages as of September 28, 2014, which set the remaining amount of claims as of September 28, 2014 as the principal amount of the loan No. 4,670,425, the defendant recovered KRW 1,50,000 from the plaintiff based on the above bond attachment and collection order, and the above amount is calculated as to KRW 4,670,425 from September 28, 2014 to October 23, 2015 (Statement of Account No. 391).

I would like to say.

3. Therefore, the Defendant’s loan claims against the Plaintiff stated in the notarial deed as indicated in the order and the principal amounting to KRW 4,670,425 among the loan claims against the Plaintiff, and the same shall be repaid from October 24, 2015.

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