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1. The Defendant’s notary public against the Plaintiff has the executory power of Law Firm C, No. 1136, 2018.
Reasons
1. Basic facts
A. The Plaintiff, from July 2018, operated the “E Gas station” located in the Gu and America (hereinafter “E Gas station”) together with F from July 2018, and the Defendant is a company established for the purpose of credit business, etc., and G limited liability company (hereinafter “foreign company”) entered into a service consignment agreement with the Defendant on July 13, 2016 with regard to the raising of loans and the execution of funds for P2P services.
B. The Plaintiff and F have received a loan from the Nonparty Company as collateral to use the credit card sales claim as the operating fund of the instant gas station.
Serial No. 125,000 No. 11108 No. 2010,000 No. 11110 of the notarial deed C by 1 notary public, a joint and several debtor's agent and joint and several surety, is a joint and several debtor, and 2 notary public in relation to the I25,000 I20 of the notarial deed for money consumption loan contract No. 1109 of the notarial deed C, No. 11018, 201, is a joint and several debtor's agent and a joint and several surety;
C. In addition to the instant gas station, “H and I gas station” was operated in the Dong-gu, Dong-gu, Chungcheongnam-si, Yangju-si as a partnership business, and “K and L gas station,” respectively. On October 10, 2018, F borrowed KRW 100 million for each oil station from the Defendant to operate the said gas station, and written a notarial deed for money loan contract for security transfer between the Defendant and the Defendant as follows.
C. The defendant
When paying a total of KRW 200 million for each loan as stated in the paragraph to F, the Defendant formally pretended to lend KRW 300 million to the instant gas station (Plaintiff), and then remitting KRW 300 million to the Plaintiff, the Plaintiff, as it is, again remitted the above KRW 300 million to the non-party company, but the Plaintiff demanded the non-party company to notarized the loan amounting to KRW 450 million, and the Plaintiff requested on October 17, 2018, as required by F. The Plaintiff and the Defendant requested on October 17, 2018, the creditor, the debtor, the debtor, the debtor’s agent, and the notarial amount to KRW 400 million.