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(영문) 춘천지방법원 2015.11.12 2015가단4903
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is a monetary loan agreement, No. 765, No. 765, No. 2012, which was signed by the joint law office.

Reasons

1. Facts of recognition;

A. A. Around March 2008, the Plaintiff Company: (a) leased a store in the E-owned building in Chuncheon as a deposit of three million won, monthly rent of three million won; and (b) used the said store as a warehouse from around that time (hereinafter “instant lease”); (c) the Plaintiff Company was in arrears with the Defendant; (d) the Plaintiff Company was in arrears with the Defendant at the time of November 29, 201, causing 6.6 million won in arrears; and (e) accordingly, the Plaintiff Company and the Defendant drafted a loan certificate stating that “the Plaintiff Company borrowed from the Defendant 6.6 million won in interest on interest, and on January 31, 2012, with a view to securing the said obligation, the Plaintiff Company created a mortgage on the cargo vehicle of one ton.”

(hereinafter the above overdue loan is "the overdue loan in this case" and the above loan certificate is "the loan certificate in this case". B.

On the other hand, on July 25, 2012, the Plaintiff Company drafted a notarial deed of monetary loan agreement No. 765 of 2012, stating that “The Plaintiff Company borrowed 8220,000 won (24% per annum for delay delay) from the Defendant on July 25, 2012, and on July 25, 2013 due date. In the event the Plaintiff Company fails to repay the above debt, it shall be aware that there is no objection even if it is immediately subject to compulsory execution.”

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

On June 11, 2014, the Defendant: (a) prepared a written confirmation to the Plaintiff Company that “the Defendant received KRW 2 million from the Plaintiff Company as down payment on June 11, 2014; and (b) paid the remainder of KRW 4 million on June 16, 2014, the Defendant renounced the Defendant’s “including all bonds (rent)” against the Plaintiff Company (hereinafter “instant written confirmation”); (b) paid the Defendant KRW 2 million on the same day, and KRW 4 million on June 14, 2014, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff company's assertion 1.

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