청구이의
1. The plaintiff's claim against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 25, 2014, the Plaintiff: (a) a notary public drafted a notarial deed for a loan for consumption for money (No. 86), which was issued by the Defendant C on February 25, 2014; (b) however, on February 25, 2014, the Plaintiff borrowed KRW 15 million from the said Defendant on April 1, 2014, without a interest agreement, at the maturity date and 30% per annum; and (c) if the Defendant fails to perform his/her obligation for the borrowed money, the Plaintiff immediately accepted and recognized the said loan by compulsory execution even if he/she was subject to compulsory execution.
(hereinafter “this case’s notarial deed”). 【No dispute over grounds for recognition】, entry of evidence No. 2, and purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. On February 17, 2014, the Plaintiff: (a) acquired the Center from Defendant B, which operated the Center; (b) Defendant D was a partner in the former name, who was the births of Defendant B; and (c) Defendant C was a branch of Defendant B, and was a business title at the time the Plaintiff acquired the Center.
Defendant B had 179 members, which are important matters for the conclusion of an underwriting contract at the time of acquisition of the essential center for the Plaintiff. The monthly sales of the essential center was the minimum monthly sales amounting to KRW 15 million, and even if it deducts the fixed expenses, such as rent and personnel expenses, the profits of KRW 7 million to KRW 8 million per month are guaranteed.
On the other hand, the Plaintiff paid KRW 25 million out of the premium of KRW 40 million required by Defendant B, and prepared the instant notarial deed as to the remaining difference of KRW 15 million.
Therefore, the plaintiff shall revoke the contract for underwriting the Center concluded with the defendant B on the ground of Article 110 (1) of the Civil Code.
Therefore, the executory power of the notarial deed of this case shall be excluded, and Defendant B is a party to the contract for underwriting the Center. The remaining Defendants are those who leased Defendant B the business name of the Center to Defendant B, and they are jointly and severally liable to return KRW 25 million to the Plaintiff pursuant to Article 24 of each Commercial Act.
(b) judgment;