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(영문) 대전지방법원 2018.05.02 2018가단3523
청구이의
Text

1. The defendant's document prepared by C Office of Notary Public, which belongs to Daejeon District Prosecutors' Office against the plaintiff, No. 1763 of 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is a company whose business purpose is food manufacturing and selling business, D is the plaintiff's representative, and E is the plaintiff's director.

(E) E is the former representative director, and D’s mother. - The creditor (the defendant; hereinafter the same shall apply) lends 80,000,000 won to the debtor (the plaintiff and D; hereinafter the same shall apply) on April 14, 2017.

- The debtor shall make repayment in equal installments of KRW 45,00,000 on May 30, 2017, and KRW 35,000,000 on July 30, 2017, and the interest and delay damages shall be 25% per annum.

- If the obligor has failed to discharge a pecuniary obligation under the above contract, recognition shall be given that there is no objection even if compulsory execution has been effected immediately.

B. On April 14, 2017, E, on behalf of the Plaintiff and D, drafted a notarial deed with respect to the preparation of the Coffice of notary public belonging to the Daejeon District Prosecutors’ Office as follows, No. 1763, 2017:

(hereinafter referred to as “instant authentic deed”). C.

The amount repaid by the Plaintiff to the Defendant after the establishment of the notarial deed of this case is as follows.

[Attachment 1] The Plaintiff’s repayment details [unit, source] 1207-5-25 1,667,000 5 2017-9-9-14,000 200 22017-5 10,000 10,000 6 2017-10-115,000 32017-620 13,0000,000 7 2017-620,000 13,000,000 7 2017-117-17,000,000 420-9-825,000,000, 2017-10, 2017-210,000, 7606,607,60

D. The Defendant asserted that the obligation based on the instant notarial deed remains within the scope of the principal amount of KRW 16,814,344 and the delay damages therefor. On January 18, 2018, the Defendant filed an application for compulsory execution against the corporeal movables owned by the Plaintiff, and the compulsory execution on January 24, 2018 was enforced.

E. On February 14, 2018, the Plaintiff asserted that the remainder based on the instant notarial deed was less than KRW 16,814,344, which the Defendant asserted, and filed a lawsuit of objection on February 14, 2018, and filed a lawsuit of objection to the instant claim, and filed an application for suspension of compulsory execution under this Court’s 2018Kamin27, and received a decision of suspension of compulsory execution from the instant court on February 20, 2018.

[Ground for Recognition] Unsatisfy, A No. 1.

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