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1.In accordance with a claim changed in the trial,
A. The defendant's notary public against the plaintiff is written in Asia by Law Firm.
Reasons
1. Facts of recognition;
A. On December 12, 2007, the Plaintiff and Mapo-gu Seoul Metropolitan Government entered into a contract for the purchase of the Gu property that the Plaintiff would pay 134,808,000 shares out of 19/188 square meters of Seoul Mapo-gu road and 22/40 shares out of 40 square meters of E road (hereinafter “instant land”) owned by him/her in KRW 134,808,00, and the down payment is paid in KRW 13,480,80 on the date of concluding the contract, and the remainder of the purchase price shall be paid in five equal installments of 24,265,440 won from December 11, 2008 to December 111, 2012.
B. On January 22, 2008, the Plaintiff and the Defendant agreed to lend 80,880,000 won to the Plaintiff at an annual interest rate of 8% per annum. The interest is paid every month, the loan is repaid by the date designated by the Defendant, and the loan is not repaid until the date designated by the Defendant. In the event the repayment of overdue or loan is not possible, the Plaintiff entered into a monetary loan agreement with the Defendant to repay the principal and interest by applying the overdue interest rate of 17% per annum (hereinafter “instant monetary loan agreement”).
C. On January 29, 2008, in order to secure the instant loan, the Plaintiff prepared and executed by a notary public to the Defendant the No. 61 of 2008 No. 105,144,000 won (an amount equivalent to 130% of the instant loan), January 28, 2008 of the date of issuance, payment at sight, and promissory note with the Defendant (hereinafter “instant notarial deed”).
On January 31, 2008, the Defendant lent 13,480,800 won for down payment, 24,265,440 won for the first installment of December 11, 2008, and 24,265,440 won for the second installment of December 11, 2009, and 18,868,320 won for the second installment of December 13, 2010, respectively, to the Plaintiff (i.e., 13,480,800 won for loans under the monetary loan agreement of this case (i.e., 13,480,80 won), and (ii) lent 80,80,000 won for loans under the monetary loan agreement of this case (i.e., 24,265,40 won for the second installment of KRW 265,440,40 won for 18,868,320 won).
E. Meanwhile, the Plaintiff’s compensation for expropriation of KRW 158,385,050 due to the Plaintiff’s ruling of expropriation of the instant land against the Defendant.