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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff is a member of the successful bidder organized by the defendant.
B. On March 26, 2018, upon commission of the Defendant, who is the Plaintiff’s agent, both the obligee and the obligor, the Defendant lent KRW 25 million to the Plaintiff on September 30, 2017, and the Plaintiff borrowed the loan. The Plaintiff shall be free to pay the total amount of interest up to January 10, 2018. If the Plaintiff delays the repayment of the principal or interest, the interest rate of 24% per annum shall apply to the delayed principal or interest and the damages for delay shall be paid to the Defendant. If the Plaintiff fails to perform his/her monetary obligation under this contract, a notary public, who was immediately subject to compulsory execution, recognized that there was no objection.”
C. On June 12, 2018, the Defendant received a seizure and collection order as the Jeonju District Court 2018TT 4092 on the basis of the Notarial Deed No. 1 of this case, and issued a seizure and collection order as the Jeonju District Court 2018T 4192 on June 8, 2018.
On September 6, 2018, upon commission of the defendant, who is the plaintiff's agent, the creditor and the debtor, the defendant lent 60 million won to the plaintiff on August 10, 2018, and the plaintiff borrowed 60 million won. The plaintiff shall be determined as interest-free until September 10, 2018. When the plaintiff delays the repayment of principal and interest, the interest rate of 24% per annum shall apply to the delayed principal and interest and the delay damages shall be paid to the defendant. If the plaintiff fails to perform his/her monetary obligation under this contract, a notary public, who is a law firm, prepared a notarial deed of monetary loan agreement (hereinafter referred to as "notarial deed of this case 2") of No. 703 of the C Deed, 2018, stating that "the plaintiff is without objection, even if he/she is subject to compulsory execution."
E. On September 18, 2018, the Defendant seized and seized the instant notarial deed as the Jeonju District Court 2018TT701 on September 18, 2018.