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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 500,000,000 and the interest thereon from July 9, 2005 to the date of full payment.
Reasons
1. Basic facts
A. On July 14, 2003, upon the commission of the Plaintiff and the Defendants, a notary public drafted a notarial deed for consumer loan (No. 1288, 2003, hereinafter “notarial deed of this case”) to the effect that “the Plaintiff shall lend the Defendants 500 million won interest rate 2% per month and July 20, 2003. The Defendants shall recognize and recognize that there is no objection even if they are immediately subject to compulsory execution when they fail to perform monetary obligations under the above contract.”
B. On the basis of the above notarial deed, the Plaintiff was subject to compulsory execution on the movable property owned by the Defendant C (Scheon District Court 2004No. 592), and received dividends of KRW 485,910 on March 19, 2004, and was subject to compulsory execution on the movable property owned by the Defendant B (Scheon District Court 2005No. 1667) and was distributed dividends of KRW 40,660 on July 8, 2005.
C. Meanwhile, from May 20, 2004 to April 18, 2006, the Defendants repaid KRW 13,950,000 to the Plaintiff.
[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, Gap's evidence 3-1, the purport of whole pleading, and the purport of whole pleading
2. Summary of the parties’ assertion
A. The plaintiff notarial deed of this case is prepared to the effect that the plaintiff now settled the principal and interest of KRW 200 million loaned to the defendants as KRW 500 million, and to conclude a new contract with the above settlement amount as the object of a monetary loan contract without actually giving or receiving money.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the above KRW 50 million and the damages for delay at the rate of 24% per annum, which is agreed upon from August 17, 2003.
B. The Defendants prepared a false notarial deed in accordance with the Plaintiff’s proposal that “The notarial deed of KRW 500 million is prepared to prevent other creditors from enforcing compulsory execution against the Defendants’ property” under the condition that the amount actually borrowed from the Plaintiff remains in KRW 15 million with partial repayment of KRW 30 million.
Since then, the defendants are the defendants.