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1. No. 170 of the Defendant’s notary public against the Plaintiff, No. 170 of the No. 2012.
Reasons
1. Basic facts
A. A. On May 201, the Defendant: (a) developed a land of 12,190 square meters and two parcels of land (hereinafter “each of the instant land”) (hereinafter “each of the instant land”); (b) entered into a contract with D and E to purchase each of the instant land at KRW 3.6 billion in the purchase price (hereinafter “instant contract”); and (c) paid down KRW 360 million in the down payment to D and E.
However, the representative G of the Plaintiff and F Co., Ltd. (hereinafter “F”) proposed that the Defendant would develop Hulet in the name of Hulet on each land of this case, while transferring the status of purchaser of the instant sales contract to the Defendant.
Accordingly, on January 26, 2012, the Defendant agreed to receive the down payment already paid from the Plaintiff and G instead of transferring the status of the purchaser of the instant sales contract to the Plaintiff and G, and notified the seller of the fact of acceptance of the said contract.
B. Furthermore, on January 27, 2012, the Defendant agreed to lend KRW 600 million out of the remainder of the instant sales contract, and on January 27, 2012, the Plaintiff and the Plaintiff drafted a notarial deed of monetary loan agreement (hereinafter “notarial deed of this case”) between the Plaintiff and the Plaintiff stating that “the Defendant loaned KRW 600 million to the Plaintiff on September 30, 2012 at the maturity date, interest rate of KRW 7% per annum, and interest rate of delayed damage rate of KRW 20% per annum, and if the Plaintiff fails to perform the said monetary obligation, the Plaintiff is aware that there is no objection even if compulsory execution is immediately conducted.”
On the other hand, on January 26, 2012, the Defendant created a right to collateral security of KRW 2.1 billion with the Defendant as the debtor, and with the original credit union as the mortgagee, on the land owned by the Defendant, the maximum debt amount of KRW 2.1 billion has been loaned from the original credit union on January 27, 2012, which is the date of preparation of the instant authentic deed.
C. Between F and F on January 30, 2012, the Defendant: “The Defendant shall have due date for payment of KRW 600 million to F.