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(영문) 서울남부지방법원 2014.06.12 2013가단47747
청구이의
Text

1. Certificate drawn up by a notary public of the defendant against the plaintiff on September 22, 2006, dated September 22, 2006.

Reasons

1. Basic facts

A. A notary public borrowed KRW 3,00,000,000 on December 12, 2004 and KRW 3,000,000 on January 6, 2005 from the Defendant, in the document No. 4011, 2006, No. 4011, the law office of Jeonju-dong, a law office of law enforcement, from the Defendant.

(2) On September 22, 2006, the Plaintiff entered into a joint and several guarantee agreement with the Defendant with respect to C’s above loan obligations, and on the same day, a notary public entered into a notarial deed with the Defendant stating, in accordance with the aforementioned joint and several guarantee agreement, the declaration of intent to recognize compulsory execution in the event of nonperformance (hereinafter “notarial deed of 4011”) along with the said joint and several guarantee agreement, on the same day.

On the other hand, as a contract for the above loan debt at the time of the preparation of the above notarial deed, "C borrowed 6,00,000 won from the defendant on June 5, 2006 as interest rate of 66% per annum and the maturity date of payment as of September 5, 2006.

‘The monetary loan contract' has been drawn up.

B. A notary public drafted a notarial deed for a loan for consumption for money (1) on August 30, 2006, the Plaintiff borrowed KRW 5,000,000 from the Defendant on August 30, 2006 at the maturity of payment on December 29, 2006 and interest rate of 66% per annum.

(2) On February 20, 2007, the Plaintiff drawn up and issued to the Defendant a notarial deed in which a notary public made an expression of intent to recognize compulsory execution in the event of non-performance (No. 545, 2007) together with the said monetary loan agreement, No. 545, a notary public signed on February 20, 2007.

C. The Plaintiff paid the debt by remitting money to the Defendant’s bank account as indicated in the following table.

On August 3, 2005, 100, 200 on August 3, 2005, 200 on March 31, 2006, 200, 300,00 on April 14, 2006, 200 on June 23, 2006, 40,00 on June 40, 200 on August 3, 2006; 10,00 on August 3, 200, 206; 10,000 on June 3, 20, 200 on the principal amount; 10.6. 30, 10,000 on August 10, 206; 10,000 on September 5, 200, 2006; and 200,000 on May 10, 2009; and

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