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(영문) 대구지방법원 경주지원 2018.06.26 2016가단5316
청구이의
Text

1. On August 19, 2015, the Daegu District Court and racing support for the Defendant’s Plaintiff (Seoul District Court) rendered a decision of recommendation for execution that became final and conclusive on August 19, 2015.

Reasons

1. Facts of recognition;

A. From September 25, 2013 to October 10, 2013, the Defendant lent KRW 10,000,000 to C on four occasions (hereinafter “first loan”), and thereafter lent KRW 10,00,000 on three occasions from January 29, 2014 to February 14, 2014 (hereinafter “second loan”). The Plaintiff jointly and severally guaranteed each of the above loans.

B. On September 25, 2013, the Plaintiff and C made a loan certificate stating that the loan amounting to KRW 10,000,000 and interest amount to KRW 6,000 shall be KRW 6,00,000,000, and that the total principal and interest amount to KRW 16,000,000 were paid in installments for 24 months (hereinafter “the loan certificate of this case”).

C. In addition, on September 25, 2013, the Plaintiff and C agreed to prepare a notarial deed and issued a letter of delegation and a certificate of seal impression necessary for preparing a notarial deed to the Defendant. D.

On September 26, 2013, with the power of attorney and a certificate of personal seal issued from the Plaintiff and C, the Defendant: (a) on September 26, 2013, the Defendant: (b) determined that: (c) September 25, 2013; (d) interest rate of 30%; and (d) maturity of 30%; and (e) September 25, 2015; and (e) written a notarial deed under a money loan contract (No. 425, hereinafter “instant notarial deed”) with the content of recognizing compulsory execution if the obligor and the joint guarantor fail to perform the said monetary obligation.

E. On August 6, 2015, the Defendant filed a lawsuit against the Plaintiff for the claim for the loan under the Daegu District Court racing support No. 2015Da5955, along with the instant loan receipt and the instant notarial deed attached as evidence.

On August 19, 2015, the above court rendered a decision to recommend execution to the Plaintiff to pay the Defendant 16,000,000 won with interest of 20% per annum from the next day of the delivery of a copy of the complaint to the day of full payment.

(hereinafter “instant decision on performance recommendation”). The instant decision on performance recommendation was served on December 1, 2015 on the Plaintiff and became final and conclusive on December 16, 2015.

F. Meanwhile, on the other hand.

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