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1. The Defendant’s notary public against the Plaintiff (No. 67) No. 2018, 2018, drawn up by C, March 29, 2018.
Reasons
Basic Facts
A. On March 29, 2018, the Plaintiff, the credit service provider, the Defendant D, and the inside director E of D Co., Ltd. drafted a notarial deed for money loan contract for security transfer (hereinafter “notarial deed of this case”) by making the Defendant the obligee, the stock company D, the obligor, the Plaintiff and E as joint and several sureties, and the notary public drafted a notarial deed for money loan contract for security transfer (hereinafter “notarial deed of this case”).
B. The instant notarial deed states that the Defendant, on March 29, 2018, lent KRW 50 million to D Co., Ltd. at maturity on May 28, 2018 and KRW 24% per annum on delay damages rate (hereinafter “instant loan”). The Defendant’s entry of the interest in the instant notarial deed is limited to “Article 3 (Interest Rate)”.
C. On March 22, 2018, the Defendant received KRW 2 million from the Plaintiff as the down payment, and paid KRW 40 million to the obligor the remainder after subtracting KRW 10 million from the pre-interest, etc. under the name of prior interest, etc., as the principal.
[Reasons for Recognition] Unsatisfy, Gap 5 and 6's statements, the purport of the whole pleadings
2. The gist of the Plaintiff’s claim was that the Plaintiff paid KRW 2 million to the Defendant as a down payment with respect to the instant lease, and only KRW 40 million calculated by subtracting KRW 10 million from the Defendant’s prior interest, etc. under the name of prior interest, etc., even though there was no interest agreement on the instant lease. As such, the principal of the instant lease is merely KRW 38 million.
The principal and damages for delay incurred from the instant lease are KRW 5 million on August 17, 2018, KRW 4 million on December 19, 2018, and KRW 32 million on March 8, 2019, respectively, and the remaining obligations arising from the instant lease as of March 8, 2019 are KRW 3,639,415.
Therefore, compulsory execution under the notarial deed of this case shall not be permitted within the scope exceeding the above 3,639,415 won.
3. The Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”) where prior interest, etc. is deducted and money is collected from the debtor in relation to lending and borrowing of money.