(영문) 수원지방법원성남지원 2017.11.28 2016가합203557

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(영문) 수원지방법원성남지원 2017.11.28 2016가합203557

청구이의

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1. It is based on the original copy of a notarial deed with executory power No. 237 of the 2015 deed drawn up by the defendant against the plaintiff.

Reasons

1. Basic facts

A. On March 5, 2015, the original Defendant entrusted C with the preparation of a notarial deed concerning a monetary loan agreement, and the said notary public drafted a monetary loan agreement (hereinafter “notarial deed”) as stated in the purport that “the Defendant shall lend KRW 100,000,000 to the Plaintiff on the same day at interest rate of 10% per annum, but shall be repaid in installments on April 20, 2015, and KRW 50,000,000 on August 30, 2015. If the repayment of principal or interest is delayed, the principal or interest shall be paid to the Defendant at a rate of 18% per annum.”

B. On April 28, 2015, after the preparation of the instant notarial deed, the Plaintiff repaid to the Defendant KRW 20 million out of the borrowed principal based on the said notarial deed.

C. On December 19, 2015, the Plaintiff entered into an agreement with the Defendant on the settlement of money lending transactions with the effect that the deadline for the settlement of the borrowed money based on the instant authentic deed is extended to December 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion: (a) although the Plaintiff recognized that the Defendant’s obligation against the Defendant was KRW 100 million at the time of the preparation of the Notarial Deed, it was later discovered that the Defendant had omitted the details of money already paid; (b) the details of the omission and the details of appropriation for the Plaintiff’s loan are as follows.

The principal and interest on the remaining cumulative liabilities of a new loan year = Interest liabilities of the previous year = 2009 20,000,000 20,000 2,000,500 2,000,500 2,000,500 67,500,5078,9708,897,7504,7504,800,000 30,000,000, 67568,64,665, 200,005, 200, 250, 250,250, 250, 250, 307,50, 307,50, 707,5259, 205, 200, 2005, 200, 7015, 2007, 187, 284, 2967, 2784, 275

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