소송비용대위 및 손해배상 청구
1. Of the judgment of the first instance, KRW 3,098,366 against the Plaintiff and its related amount from October 24, 2018 to January 15, 2019.
1. Facts of recognition;
A. On March 9, 2016, the Plaintiff and the Defendant lent KRW 40 million to the Defendant, and on March 9, 2016, a notary public prepared a notarial deed concerning the above loan in C law firm, and this notarial deed became a joint and several surety by the Defendant’s father.
B. While the Defendant was unable to pay the Plaintiff KRW 40 million, the Defendant prepared the said notarial deed in compliance with the Plaintiff’s demands for several times. In this case, the Plaintiff demanded the said D to stand a joint and several surety.
In doing so, the defendant asked that when the plaintiff is notarized, the joint guarantor should be the same as D, and as a result, the plaintiff asked the law firm conducting the notarial act, and as a result, the plaintiff did not mislead D with D's seal impression and certificate of seal impression. Thus, at the time of notarial act, the defendant provided joint and several sureties with D's seal impression and certificate of seal impression.
C. D filed a lawsuit of demurrer against the Plaintiff seeking the denial of compulsory execution based on the above notarial deed, and received the quoted judgment on May 11, 2018 (Seoul Northern District Court 2017dan140807), and this judgment became final and conclusive around that time.
D) On August 3, 2018, upon filing an application for the determination of the amount of litigation costs based on the above final judgment, D was decided to confirm that the amount of litigation costs of the above case is KRW 2,786,266 (Seoul Northern District Court 2018Da10332), and this decision was finalized around that time.
E. Based on the above notarial deed, the Plaintiff spent KRW 200,500 at its expense when requesting for an order of property specification, inquiry, seizure and collection against D, and disbursed KRW 111,600 from Sejong-si, the Plaintiff’s domicile, to Seoul Northern District Court for the purpose of attending the date of pleading and the date of sentencing over three occasions of the objection case.
F. The Defendant filed a complaint on January 2018 by the Plaintiff.