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1. The defendant's notary public against the plaintiff is a law firm D, No. 528 of April 9, 2010.
Reasons
1. Basic facts
A. On February 26, 2010, the Defendant, as a registered credit service provider, lent KRW 20,000,000 to the Plaintiff, set the due date on April 26, 2010, and set the interest rate and overdue interest rate at 49% per annum (hereinafter “instant lending contract”) and on April 9, 2010, a notary public drafted a notarial deed under the monetary loan agreement (hereinafter “notarial deed of this case”) by No. 528 on April 9, 2010 as a law firm D Deed 2010.
B. For the repayment of the above loan, the Plaintiff paid the Defendant KRW 31,100,000 in total over 125 times from March 20, 2012 to July 6, 2018, as shown in the attached Table.
C. On the basis of the notarial deed of this case, the Defendant applied for a compulsory auction for real estate to the Jeonju District Court E, and received a decision following the issuance of each of the claims seizure and collection order under No. 2018, 5243 and 2018, 5244 in the same court.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Eul evidence 1 and 4, the purport of the whole pleadings
2. At the time of entering into the instant loan agreement, the Plaintiff’s assertion did not receive a loan agreement with the Defendant stating the credit business office, registration number, etc., and did not hear the explanation of the loan agreement, and did not include any important matters, such as the amount of loan.
As such, the instant lending contract did not meet the requirements under the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”), and thus becomes null and void due to its violation of mandatory provisions under the Credit Business Act, and the limitation of the Interest Limitation Act, which is not the Credit Business Act, ought to be applied.
Therefore, the Defendant’s compulsory execution based on the notarial deed of this case against the Plaintiff shall not be permitted with respect to the portion exceeding 38,185,39 won and 20,000,000 won per annum from July 7, 2018 to the date of full payment.
3. Determination
A. The validity of the instant loan agreement and the application of the Credit Business Act.