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1. Certificates No. 205, 2016, drawn up by D on September 29, 2016 by the Defendant’s notary public against the Plaintiff.
Reasons
1. Basic facts
A. 1) Upon commission of the Plaintiff and the Defendant, a notary public: (a) borrowed 65 million won from the Defendant on September 29, 2016 by a law firm D on September 2016; and (b) paid 35 million won from the Plaintiff until October 17, 2016; and (c) the remainder 35 million won until November 4, 2016; and (d) paid 15 percent per annum for a monetary loan agreement (hereinafter “notarial deed of this case”).
2) Upon the Defendant’s application based on the executory exemplification of the instant notarial deed, this Court (No. 2016TT No. 10398) decided on October 28, 2016 that the Plaintiff’s claim against E was subject to seizure and collection order.
B. 1) The Defendant and the Intervenor joining the Plaintiff (hereinafter “ Intervenor”) are limited to the preparation of the No. 2 No. 1 notarial deed of this case
Upon commission, a notary public’s order issued on March 13, 2013 (hereinafter “notarial deed 2 of this case”) provides that “No. 40 million won shall be determined and borrowed by the Defendant from the Intervenor on December 19, 2012, and the due date shall be 24% per annum on March 31, 2013, and interest and delay damages shall be determined and borrowed by the notary public on March 19, 2013” (hereinafter “notarial deed 2 of this case”).
2) On October 24, 2016, the Seoul Central District Court (2016TTTT No. 18467) decided on October 24, 2016 that the Defendant’s claim based on the instant notarial deed against the Plaintiff based on the Intervenor’s application based on the executory exemplification of the instant notarial deed No. 2. 2.
C. On December 29, 2016, the Plaintiff acquired a claim based on the No. 2 notarial deed from the Intervenor on December 29, 2016. On the same day, the Intervenor notified the Defendant of the transfer of the claim based on the No. 2 notarial deed. 2) On January 4, 2017, the Plaintiff: (a) on January 4, 2017, the Plaintiff (30 million won x 15 x 379 x 35 million x 365 x 65 million won based on the Plaintiff’s instant notarial deed) and the Defendant’s debt based on the Defendant’s notarial deed No. 2 788.