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(영문) 창원지방법원통영지원 2016.11.22 2016가단4029
청구이의
Text

1. The Defendant’s certificate of notary public C office against the Plaintiff, No. 138, 2013.

Reasons

Facts of recognition

In the instant notarial deed, the Plaintiff approved D’s debt amounting to KRW 70 million, and paid KRW 7 million on the 18th day of each month from March 1, 2013 to December 31, 2013. In the event of delay in the repayment of principal or interest, damages for delay shall be paid at a rate of 30% per annum, and e/F’s debt repayment (quasi-loan Contract) with the executory debt amounting to KRW 138, 2013 as of February 26, 2013 (hereinafter “notarial deed of this case”).

D's death and the grant of succession execution clause died on October 13, 2015.

On January 13, 2016, the Defendant, as the heir of the network D, obtained an execution clause to succeed to the Notarial Deed in this case.

The defendant who issued a collection order against the plaintiff was issued on June 15, 2016 by requesting the Changwon District Court to issue a seizure and collection order on the plaintiff's credit card company, bank, etc. with the amount of claim KRW 39 million.

The plaintiff's repayment of D was paid to D total of KRW 75,80,000 as follows.

According to the facts that on March 25, 2013, the date of repayment (10,000 won) and the amount of repayment (10,000 won), the Plaintiff, on October 120, 2013, on May 26, 2017, 200 on May 26, 2013, 2013, on June 25, 2013, 2011, 250 on August 26, 2013, 2013, all of the instant notarial deeds were deemed to have been extinguished on August 13, 2013, 205, and all of the notarial deeds were to have been performed on August 13, 2013.

As to this, the defendant asserts that there exists the plaintiff's obligation based on the receipt and payment guarantee letter dated November 20, 2014, and the confirmation letter dated January 11, 2016.

The defendant is not present at the date of pleading.

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