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(영문) 서울고등법원(춘천) 2015.07.22 2014나1428
청구이의
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Preparation and execution of notarial deeds

A. On July 31, 2013, the Plaintiff and the Defendant: (a) lent KRW 500 million to the Plaintiff, interest rate of KRW 10% per annum, delay damages; (b) up to December 31 of the same year; (c) the Plaintiff has delayed the payment of principal and interest, as a matter of course, lost the benefit of time; and (d) the Plaintiff has immediately been subject to compulsory execution, thereby making a notarial deed on money loan contracts (No. 209 of 2013, No. 2013, No. 500,00,000,000) stating that there is no objection. (b) On July 31, 2013, the Plaintiff and the Defendant lent KRW 30 million per annum to the Plaintiff; (d) KRW 20,000,000 per annum from June 30, 2014 to August 31, 2015, as a matter of course, made up the said notarial deed with the Plaintiff’s notarial deed without delay.

C. At the time of the preparation of the instant notarial deed, the joint representative E and F on the registration of the Defendant, the Plaintiff, and the obligor column, signed and sealed the obligee column, and the Defendant signed and sealed the obligee column, and the F jointly and severally guaranteed the Plaintiff’s obligation to return the borrowed amount to the Defendant, as the agent of C C, who jointly and severally guaranteed the Plaintiff’

On October 17, 2013, on the ground that the Defendant did not pay the interest agreed upon by the Plaintiff, the Defendant filed an application for compulsory execution against 30 vehicles for corporeal movables owned by the Plaintiff (hereinafter “Karab”) as its executive title. Accordingly, the enforcement officer seized 30 vehicles on October 24, 2013.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, and all of the arguments are asserted by the parties concerned.

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