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(영문) 대구지방법원안동지원 2017.08.09 2015가단3785
청구이의
Text

1. The defendant's notary public against the plaintiff was signed on April 17, 2003, No. 539 on April 2003.

Reasons

1. The following facts may be acknowledged as either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and 1.

On April 17, 2003, the Plaintiff borrowed KRW 20 million from the Defendant as interest rateing to KRW 2.5%, and on April 17, 2005, a notary public entrusted the notarial deed with the notarial deed concerning a monetary loan contract with the following contents to the Gyeongbuk Law Firm (hereinafter “Notarial Law Firm”). Accordingly, the Plaintiff drafted the notarial deed (hereinafter “Notarial Deed”) by No. 539 on the same day.

Article 1 (Purpose) The Defendant lent KRW 20 million to the Plaintiff on April 17, 2003, and the Plaintiff borrowed this.

Article 2 (Period and Method of Payment) The payment shall be made in a lump sum by April 17, 2005.

(Interest) Interest shall be 2.5% per month and shall be paid on the 20th of each month.

Article 5 (Amount of Damages for Delay) If the Plaintiff delays the repayment of the principal or interest, the Plaintiff shall pay to the Plaintiff delayed damages for delay at the rate that the principal or interest shall not be paid.

Article 9 (Recognition and Recognition of Compulsory Execution) When a plaintiff fails to discharge his pecuniary obligation under this contract, the plaintiff recognized the absence of objection immediately even through compulsory execution.

B. On May 20, 2007, the Plaintiff prepared a loan certificate stating that “The Plaintiff borrowed KRW 20 million from the Defendant on May 20, 2008, with the due date fixed as of May 20, 2008 and would be repaid at the due date.”

C. On the basis of the instant notarial deed, the Daegu District Court’s Ansan Branch enforcement officer seized the movable property owned by the Plaintiff on August 5, 2015, as 2015No. 314.

(1) The Plaintiff joined the 2nd unit from December 2009, which was organized by the Defendant as the Plaintiff’s owner (hereinafter “one unit”) and joined the 1st unit (hereinafter “one unit”).

(3) 13-month intervals thereafter.

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