The defendant's notary public against the plaintiff is a debt repayment contract No. 1021 of C, 2017, written by C.

1. Basic facts

A. On September 2017, the Plaintiff issued D a certificate of borrowing KRW 200 million, power of attorney, and certificate of seal impression.

B. On October 30, 2017, the Defendant, using the above loan certificate, power of attorney, certificate of personal seal impression, etc., prepared a notarial deed of debt repayment contract No. 1021 of the 2017 document prepared by a notary public with the content that the Plaintiff borrowed KRW 200 million against the Defendant on behalf of the Defendant, “the Plaintiff shall have due date set at October 18, 2017, and at 5% per annum interest rate, on behalf of the Defendant.”

C. On December 8, 2017, the Defendant filed an application for a compulsory auction of real estate to this court E with respect to the real estate owned by the Plaintiff on the basis of the instant notarial deed, and received a decision to commence a compulsory auction of real estate from the above court.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-3, 4-2, 6-1, 14-1, and the purport of whole pleadings

2. The parties' assertion

A. While the Plaintiff did not receive the loan to F, etc., the purport of the Plaintiff’s assertion was that D, which is a long place of the Plaintiff’s long time, created data to conduct as if the Plaintiff was the Plaintiff’s creditor, and presented it to F, etc., and as the Plaintiff wishes to receive the loan to F, etc. instead of the loan to D, D issued a certificate of personal seal impression, seal imprint, etc. as requested by D, and D made the instant notarial deed with the Defendant, which is not D, as the obligee. Since the Plaintiff did not bear any obligation against the Defendant, enforcement based on the instant notarial deed should be denied.

B. The gist of the Defendant’s assertion: (a) from July 2014 to August 2015, D lent KRW 200 million to the Plaintiff by means of cash payment; and (b) demanded the Plaintiff to repay the said amount; (c) as the obligee, the Defendant holding the claim against D with respect to the loan amounting to KRW 200 million, and (d) seal impression and seal impression are affixed to D and the Defendant so that the instant Notarial Deed may be prepared with the loan amounting to KRW 200 million.