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1. The Defendant’s notary public against the Plaintiff, No. 3266, 2012, drafted on December 28, 2012 by a law firm open to the Plaintiff.
Reasons
1. Basic facts
A. On April 2012, the Defendant lent part of the amount of loan (a loan interest rate of 8.27% per annum) from the Audio-gun Forestry Cooperatives (hereinafter “Audio-si”) to the Plaintiff as security, and around December 28, 2012, a notary public drafted a notarial deed under an open law by a law firm No. 3266 of the document of 2012, to the effect that the principal and interest on the loan remaining between the Plaintiff and the Plaintiff at the time is recognized as compulsory execution of KRW 200,000,000.
B. The loan certificate attached to the notarial deed of this case (hereinafter “the loan certificate of this case”) states that “200,000,000 won shall be repaid until March 31, 2013, and since the above amount is a loan to the Defendant’s mother’s land, the Plaintiff, the borrower, shall pay without delay interest on the loan, and the interest on the loan shall be 10% per annum.” Article 2 of the notarial deed provides that the due date shall be March 31, 2013, and Article 3 provides that interest shall be 10% per annum.
C. From January 25, 2013 to January 12, 2017, the Plaintiff repaid a total of KRW 215,480,312 to the Defendant.
Attached Form
[References to "the Statement of Calculation of Debt Amount"]. . [References to "the Statement of Calculation of Debt Amount ..... ... ... ... ... ... .... ... with different numbers, and the purport of the whole pleadings.
2. The assertion and judgment
A. (1) According to the purport of the Plaintiff’s assertion, the Plaintiff is obligated to pay to the Defendant the principal amount of KRW 20,000,000 per annum and interest of KRW 10% per annum. Accordingly, the Plaintiff repaid KRW 185,00,00 to the Defendant by September 23, 2016, and the Defendant collected KRW 30,480,312 upon receipt of a claim seizure and collection order on January 12, 2017, and thus, the remaining principal amount is only KRW 7,184,70.
Therefore, there is no obligation in excess of this principal and interest thereon.
(2) The Plaintiff did not agree to additionally bear the interest on the loans to the voice-gun Forestry Cooperatives, in addition to the interest of 10% per annum, and this does not apply.