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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged based on Gap evidence 1-1 and 2 (each notarial deed, each of the above notarial deeds, each of which was the representative director of the plaintiff at the time of preparation of the above notarial deed, directly commissioning E, and affixing seals on the plaintiff's name, and the facts on which each of the above notarial deeds was prepared are written are not disputed between the parties concerned) by considering the whole purport of the pleadings.
Plaintiff
On January 2, 2013, the representative E and the Defendants: (a) on January 2, 2013, a notary public requested the Gyeongbuk Law Firm to grant a loan of KRW 650 million to the Plaintiff on January 2, 2013 at 7.5% per annum at the time when the entire construction of the F apartment living facilities was completed; and (b) if the Plaintiff fails to perform the obligation to return the principal and interest of the loan, the Plaintiff shall immediately be subject to compulsory execution from the Defendants, and accordingly, (c) the notarial deed of a monetary loan contract (hereinafter “notarial deed of this case”) with the aforementioned content as stipulated under subparagraph 1 of Article 2013 was prepared.
B. After doing so, on May 13, 2013, the Plaintiff representative E and the Defendants added the method of payment of interest specified in the instant notarial deed to the said Gyeongbuk Law Firm as “payment on the 10th day of each month.” Accordingly, the said Gyeongbuk Law Firm prepared a notarial deed that changes the method of payment of interest as above under Article 253 of the 2013.
2. The parties' assertion
A. Since the notarial deed of this case is null and void for the following reasons, compulsory execution based on this should not be permitted.
1) The Plaintiff did not borrow money from the Defendants as stated in the instant notarial deed, and the Plaintiff is the father of G [the father of E].
Even if the instant notarial deed was prepared to assume the duty to return the borrowed money from Defendant B, G is the same prior to the preparation of the instant notarial deed.