(영문) 수원지방법원성남지원 2019.01.22 2017가합407189

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(영문) 수원지방법원성남지원 2019.01.22 2017가합407189

청구이의

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1. The Defendant’s notary public against the Plaintiff, No. 223, 2013, drawn up by C on August 20, 2013 by Law Firm C.

Reasons

1. Basic facts

A. On January 2013, the Plaintiff borrowed KRW 720,000,000 from the Defendant and paid KRW 7,200,000 per month as interest to the Defendant. (ii) The Plaintiff and the Defendant set the principal amount of KRW 745,818,700 (hereinafter “instant loan”) incurred until August 20, 2013 as the principal amount and commission a notary public to prepare a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) by a law firm C223 (hereinafter “notarial deed of this case”).

The contents of that notarial deed are as follows:

Article 1 (Purpose) The Defendant lent KRW 745,818,700 to the Plaintiff on January 7, 2013, and the Plaintiff borrowed this.

Article 2 (Period and Method of Payment) The Plaintiff shall pay the full amount of KRW 745,818,700 in lump sum on November 19, 2013.

Article 3 (Interest) Interest shall be paid at 12% per annum.

Article 5 (Amount of Damages for Delay) If the Plaintiff delays the repayment of the principal and interest, it shall pay to the Defendant delayed damages for delay at the rate of 20% per annum for the principal and interest.

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

B. On August 14, 2013, the Plaintiff completed the registration of the establishment of a mortgage in the name of the Defendant on the real estate (hereinafter “instant real estate”) located in the name of Sungnam-si, Sungnam-si (hereinafter “instant real estate”) with a view to securing the instant loan obligations.

C. From October 21, 2013 to May 4, 2017, the Plaintiff partially repaid the instant loan obligations to the Defendant, respectively, paid KRW 420,428,240 in total, each of the money indicated in the “amount of repayment” column in the calculation table of statutory appropriation in attached Form, under the pretext of the repayment of the instant loan obligations.

41,658,240 won of the amount repaid on May 4, 2017.

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