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(영문) 서울북부지방법원 2016.06.08 2015가단47874
청구이의
Text

1. Certificate No. 990, No. 2006, issued by a notary public against the Plaintiff (Counterclaim Defendant) of the Defendant-Counterclaim Plaintiff.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The parties' assertion

A. The Plaintiff’s principal claim (1) borrowed KRW 14,00,000 on May 1, 2006 from the Defendant, who is a credit service provider, (2,50,000,000,000 in face value, and following the date of issuance, May 1, 2006, the date of payment, the issuer, the issuer, the Defendant, the issuer, the place of issuance, the place of payment, and the place of payment, of promissory notes No. 990, 2006 (a promissory notes No. 990, 2006, hereinafter “notarial deeds of this case”) to the Defendant.

(2) Thereafter, from June 2006 to December 12, 2006, the Plaintiff repaid a total of KRW 2,485,000, and on December 21, 2006, borrowed KRW 2.5 million from the Defendant (one million after deducting fees and interest) from the Defendant, and stated in a loan transaction agreement that “the notarial deed, etc. of this case is valid.”

(3) After May 2008, the Plaintiff repaid all the principal and interest of the Defendant’s loan until May 2008. However, the contact was made by the Defendant to adjust the unpaid amount from the Defendant’s office in early 2008 and paid cash as calculated by the Defendant. The Plaintiff’s obligation to borrow principal and interest against the Defendant was all repaid.

However, the defendant did not return to the plaintiff the notarial deed of this case.

(4) However, on October 19, 2015, the Defendant applied for a seizure and collection order with the title of execution on the instant bill as the title of execution, and seized the Plaintiff’s benefit claim. However, even if the Plaintiff’s loan principal and interest on the Defendant were repaid and extinguished, or even if not, the statute of limitations (three years) or the statute of limitations on commercial and commercial obligations (five years) expired, the Defendant’s refusal of compulsory execution based on the instant bill against the Plaintiff is sought against the Plaintiff.

B. The defendant's assertion and counterclaim claim (1).

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