beta
Text
1. Certificate No. 182, 2015, drawn up by the Defendant’s notary public C against the Plaintiff on October 2, 2015.
Reasons
1. Basic facts
A. A. Around October 1, 2015, D demanded a honorarium of KRW 35 million in respect of the finding of the land to the Plaintiff while having no intention or ability to locate the land of the Plaintiff’s husband and having the Plaintiff find expenses.
Article 1 Between September 1, 2014 and November 20 of the same year, the debtor borrowed KRW 35 million from the creditor D during the period from September 1, 2014 to November 20 of the same year. However, on October 2, 2015, the debtor approved that the total amount of the above debt remains as it is, and offered to pay it in accordance with the following provisions, and the creditor accepted it:
Article 2 (Period and Method of Performance) Repayment shall be made until January 31, 2016.
Article 3 (Interest) Interest shall be zero percent per annum.
Article 4 (Place of Performance) The place of performance of the obligation shall be the address of the obligee.
Article 5 (Compensation for Delay) When the debtor delays the repayment of the above amount, damages for delay shall be paid to the creditor at the rate of 20% per annum to the delayed amount.
B. On October 2, 2015, the Plaintiff: (a) delivered expenses to AD at the end of D; and (b) prepared in advance a notarial deed on the honorarium; and (c) written at the notary public C’s office, at the notary public C’s office, a notarial deed on the debt repayment contract (Quasi-Loan for Consumption) No. 182, 2015 (hereinafter “instant notarial deed”).
C. On December 30, 2015, D transferred a claim based on the instant notarial deed (hereinafter “instant claim”) to the Defendant, and notified the Plaintiff of the assignment of the claim on the same day.
D was prosecuted for several criminal facts, including fraud, against the plaintiff and the defendant and sentenced to three years of imprisonment. [The defendant, the victim, was the victim of the case, around September 2015, that the land owned by both sides E of the victim was transferred to another person who is not the heir, the heir of the land owned by both sides E from the victim's wife around 2015.