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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff borrowed KRW 20,000,000 from the Defendant (hereinafter “Plaintiff’s loan”), and on January 6, 2017, the notary public drafted a notarial deed of debt repayment contract as follows as a law firm F. 26, 2017.
- Debt Amount: 20,000,000 - Damages for delay: 25 percent per annum - The amount due and the method of payment shall be paid in ten installments from February 2017 to November 2017, respectively.
- Loss of time limits: when payment in installments has been delayed more than once, when the plaintiff is on a long-term suspension or discontinuance of business;
B. On December 30, 2016, B, the Plaintiff’s spouse, borrowed KRW 15,00,000 from the Defendant (hereinafter “B’s loan”), a notary public, as the law firm F. 836 on December 30, 2016, drafted a deed of debt repayment agreement as follows.
- Debt Amount: 15,00,000 - Damages for delay: 25% per annum - Payment shall be made in 10,000 won per annum from January 25, 2017 to October 2017.
- Loss of time limits: when payment in installments is delayed at least once;
C. B paid a sum of KRW 25,000,000 to the Defendant with the repayment of each of the above loans as set out below, and the Plaintiff operated the Gststuser’s interest rate at the end of March 2017.
Temporary amount of January 25, 2017. 1, 500,000 on February 6, 2017. 2, 2000,000 on February 6, 2017; 1,500,000 on February 27, 2017; 7. 2,000,000 on March 7, 2017; 1,000,000 on April 6, 2017; 1,000,00 on April 1, 200, 200 on July 12, 2017; 10,000,000 on September 4, 200, 200; 13,000,000 on September 20, 200, 2005;
D. Meanwhile, on May 4, 2018, the Defendant: (a) seized the amount claimed as KRW 10,000,000 on the Plaintiff’s possession of the Plaintiff as “Tgu Dong-gu H I and Jho; and (b) drafted a distribution schedule to receive KRW 10,00,000 as a person holding a provisional attachment on April 23, 2019 in the Daegu District Court E compulsory auction for real estate in progress with respect to each of the said real estate.
E. B was present on the date of the above distribution to the Plaintiff’s attorney, and raised an objection against the total amount of dividends against the Defendant. The instant lawsuit is filed.