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1. Compulsory execution by Law Firm D based on No. 614 of the 2008 Certificate drawn up by June 4, 2008, No. 614;
A. The plaintiff.
Reasons
1. Facts of recognition;
A. On June 4, 2008, the Defendant borrowed money from Plaintiff A to the Plaintiff (hereinafter “instant loan”) and demanded the Plaintiff B’s joint and several sureties who is the husband.
B. (1) The Plaintiff A and the Defendant got to D (hereinafter “instant law firm”) located in Daegu Suwon-gu E on the same day.
(2) Plaintiff A delegated all the acts related to the preparation of notarial deeds to the law firm held by the law firm of this case, and affixed his seal impression on the printed proxy form (No. 1-1, hereinafter referred to as “the proxy form of this case”) indicating joint and several sureties B as Plaintiff B and himself as his agent.
(3) The law firm of this case prepared a notarial deed of a monetary loan contract for consumption (hereinafter “notarial deed of this case”) stating that “Plaintiff A (the joint and several surety) borrowed the Plaintiff B at the rate of 30% per annum from the Defendant as a joint and several surety until September 4, 2008, and there is no objection to compulsory execution if he/she does not repay the money.”
Plaintiff
A stated that the power to act on behalf of the Plaintiff B was recognized as the power of attorney in this case.
C. Some of the instant loans (1) Plaintiff A repaid KRW 450,000 per month after the loan of this case.
(2) On September 10, 201, Plaintiff A paid KRW 500,000,000 on October 26, 2011, KRW 2500,000 on December 8, 2012, and KRW 5 million on January 14, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1-1, the purport of the whole pleadings
2. Determination as to Plaintiff A’s claim
A. The result of appropriating the money repaid by the Plaintiff A upon repayment for the principal and interest of the instant loan with the amount repaid by the Plaintiff A, is as shown in the attached Table.
As of January 14, 2014, the principal and interest as of January 14, 201 is the total of KRW 17,582,243 (=13,658,142 damages for delay).
B. The allegation of exemption.