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1. On July 6, 2016, No. 2016, No. 159, No. 159, between the defendant and B is a notarial deed of a monetary loan for consumption.
Reasons
1. Basic facts
A. B was loaned KRW 15 million from the E-Friendly Savings Bank on April 26, 2016.
After that, on June 29, 2016, Etha-Friendly Savings Bank transferred the above loan claims against B to the Plaintiff, and around that time, notified transfer to B.
B. B delayed the obligation under the above loan agreement from July 21, 2016, and as of July 4, 2017, 18,859,956 won was the total of 18,859,956 won.
Accordingly, on March 21, 2017, the Plaintiff filed a payment order against B (U.S. District Court 2017 tea755), and received an order to pay “17,300,846 won and the amount calculated by the rate of 27.9% per annum from February 24, 2017 to the date of complete payment” from the above court. The above payment order was finalized on April 12, 2017.
C. Meanwhile, on the other hand, the Defendant is the external third village of B, and the Defendant and B, on July 6, 2016, borrowed KRW 16.4 million from the Defendant from September 25, 2013 to July 10, 2016, with the maturity of payment fixed by the Defendant and borrowed until July 10, 2016. If B fails to perform the said obligation, the Defendant drafted a notarial deed under a monetary loan agreement (No. 159, No. 2016, No. 3159, Sept. 25, 2016, hereinafter “instant notarial deed”).
The Defendant filed an attachment and assignment order (Seoul District Court 2016TTT 2016TT 17176) with the title of title to the instant notarial deed, and received an attachment and assignment order from the above court on July 27, 2016. Until July 25, 2017, the Defendant received an amount exceeding KRW 18,859,956, which is the amount of the claim sought by the Plaintiff among the above benefit claims.
E. At the time of preparation of the Notarial Deed, B was in an insolvent condition, and the said wage claim was the only property B.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 through 10, Eul evidence No. 1 (including paper numbers), the fact inquiry results of this court's Es. 1, and arguments.