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(영문) 부산지방법원 2015.12.10 2015가합42455
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an executor who intends to newly construct and sell “Dtel” in the Geum-gu Busan Metropolitan Government C (hereinafter “instant implementation project”).

In the process of promoting the instant implementation project, the Plaintiff requested E to provide a loan to purchase necessary land around August 2012 and received KRW 300 million from the Defendant around that time.

B. On September 3, 2012, E: (a) on behalf of the Plaintiff, the Defendant and the notary public entrusted the preparation of a notarial deed of a monetary loan for consumption on behalf of the Plaintiff at the newly incorporated law office; and (b) accordingly, the notary public drafted a notarial deed of a monetary loan for consumption (hereinafter “notarial deed of this case”) by title 232 of the notarial deed of the newly incorporated law office.

On September 3, 2012, Article 1 of the Notarial Deed of Cash Loan Agreement, the Defendant lent money worth KRW 400 million to the Plaintiff, and the Plaintiff borrowed this.

Article 2 (Period and Method of Payment) When an obligor delays the repayment of principal or interest on October 31, 2012 by a clerk (damages for Delay) Article 5 (Amount of Delay), delayed payment shall be paid to the obligee at the rate of 24% per annum to the delayed principal or interest.

C. Even after the Plaintiff received 7 billion won PF loan from the Busan Bank around October 2012, the Defendant did not repay 400 million won to the Defendant by means of the authentic copy of the instant notarial deed. The Defendant issued a seizure and collection order as to KRW 615,698,532 among the cancellation bond, claim for refund of the cancellation bond, or claim for return of the trust contract held by the Plaintiff against the KB Real Estate Trust Co., Ltd. at the time of termination or termination of the trust contract, or the beneficiary’s profit-making claim as a beneficiary due to the disposal of trust property.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including branch numbers in case of additional number), Eul evidence 1 to 4, the purport of the whole pleadings

2. Judgment as to the main claim

A. The plaintiff's assertion.

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