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1. The Defendant’s notary public against the Plaintiff No. 85, a deed of 2011 drawn up by law firm ethics on June 14, 2011.
Reasons
1. Facts of recognition;
A. On June 14, 2011, the Defendant entered into an investment agreement with C (hereinafter “C”) with the content that the Defendant shall invest 200 million won out of the amount necessary for the Defendant to produce D’s musical performance in C’s “D” (hereinafter “instant investment agreement”) and that the Defendant shall receive repayment of investment and earnings (4% per month) from C by August 13, 201, and the E and the Plaintiff, the representative director of C and the director, as the joint and several liability for the Defendant.
B. C, E, and the Plaintiff, on the same day, jointly issued to the Defendant a promissory note No. 216,00,000 won at face value, the payee, the place of issuance, and the place of payment, respectively, and one promissory note No. 13, August 13, 201 (hereinafter “instant promissory note”). On the same day, a notary public, who delayed the payment of the said promissory note No. 85 of the Certificate No. 2011, issued an authentic deed to recognize compulsory execution (hereinafter “instant authentic deed”).
C. At the time of the instant investment agreement, the Defendant and C agreed to sell the Domar’s musical pockets through the so-called Switk’s clean services, and the Switk Co., Ltd agreed to repay the Defendant’s investment in preference to the sales of the ticket sales generated by the above performance.
Pursuant to the instant investment agreement, in accordance with the investment agreement, Skk Co., Ltd. transferred KRW 97,020,727 out of the sales proceeds of Tkket to the Defendant on August 5, 2011 for repayment of investment and earnings, and C transferred KRW 118,979,273 to the Defendant on the pretext of repayment of investment and earnings, and fully repaid the Defendant’s investment and earnings.
However, on August 28, 2015, the Defendant issued a seizure and collection order regarding the Plaintiff’s deposit claim against the bank, etc. as the court 2015TT9601, based on the instant notarial deed.