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Reasons
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(영문) 부산지방법원 서부지원 2018.05.23 2017가단109609
청구이의
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1. The Defendant’s notary public against the Plaintiff is based on the notarial deed No. 473, 2015, No. 373.

Reasons

1. Basic facts

A. On July 14, 2015, the Plaintiff drafted a notarial deed (No. 473, 2015, hereinafter “instant notarial deed”) to the Defendant to the following effect:

(1) The Plaintiff’s obligation owed to the Defendant on September 1, 2014 shall be KRW 200 million and shall be paid until December 31, 2015. If the Plaintiff fails to pay it, damages for delay calculated by the rate of 20% per annum on the unpaid amount shall be paid.

(2) Section 1. (3) D provides a joint and several surety for 10 years to the extent of KRW 100 million of the Plaintiff’s above debt.

(3) If the plaintiff and D fail to perform the above obligation, they recognize that there is no objection under compulsory execution by the defendant.

(Article 4). (b)

D paid to the Plaintiff KRW 50,000,000,000,000, in total, on November 12, 2015; ② December 11, 2014; ③ January 12, 2015; ④ February 12, 2015; ⑤ March 10, 2015; ⑤ April 14, 2015; ② May 13, 2015; and ② August 12, 2015; ② (i) paid the Plaintiff KRW 500,000,000 on August 17, 2015; and (ii) paid KRW 16,00,000,000,000 won on August 24, 2015;

D, however, prior to the preparation of the notarial deed of this case, the Plaintiff already bears the obligation of 130 million won borrowed money.

C. On May 11, 2017, the Defendant applied for the commencement of compulsory auction on real estate owned by the Plaintiff as a claim bond based on the instant notarial deed to Busan District Court Western Branch E for the commencement of compulsory auction. D.

On October 27, 2017, the Plaintiff asserted that the deposited person was the Defendant and deposited the remaining principal of the debt based on the Notarial Deed of this case with KRW 90,000,000, and deposited the said money and the auction cost of KRW 1,276,633.

(B) The following facts: (a) No dispute exists concerning the deposit of this case in Busan District Court No. 7065, No. 7065, 2017 (hereinafter “the deposit of this case”); (b) No. 1, A’s evidence No. 2-1, 2-2, A’s evidence No. 3-1 through 3, A’s evidence No. 4-6, and B’s evidence No. 1 through 5; and (c) the purport of the entire pleadings.

2. The parties’ assertion.

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