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1. The defendant's notary public against the plaintiffs is based on the original copy of No. 461 of No. 461 of 2015.
Reasons
1. Facts of recognition;
A. On August 17, 2010, Plaintiff A filed a lawsuit claiming damages against Korea as Seoul Central District Court 2010Kahap8483, and rendered a judgment on May 3, 2013 to the effect that Korea shall pay Plaintiff A KRW 2,126,324,00 and damages incurred therefrom.
B. The Republic of Korea, who is dissatisfied with the judgment of the first instance court, appealed as Seoul High Court No. 2013Na35421, and the appellate court partially accepted the appeal of the Republic of Korea, but the appellate court also appealed as Supreme Court Decision 2014Da23041.
C. On February 20, 2014, after the judgment of the appellate court was rendered, Plaintiff A borrowed KRW 30 million from the Defendant, and KRW 50 million from February 25, 2014, and Plaintiff B jointly and severally guaranteed the Plaintiff’s obligation to the Defendant.
Plaintiff
A repaid 50 million won to the Defendant on June 3, 2014.
E. On August 31, 2015, the Plaintiffs and the Defendant borrowed KRW 110 million from the Defendant on February 25, 2014, the due date for payment was set from the Defendant on August 30, 2016, as a notary public, No. 461 of the D Deed No. 2015, and the Plaintiff B drafted a monetary loan agreement No. 100,000,000,000,000,000,000,000 won.
E. On November 23, 2017, the Supreme Court sentenced the final appeal of the Republic of Korea to be dismissed, and the said judgment became final and conclusive, and the Plaintiff A repaid KRW 60 million to the Defendant on December 26, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-4, Eul evidence 2-2, Eul evidence 2-2, and the purport of the whole pleadings
2. Determination
A. The plaintiffs' assertion A borrowed KRW 80 million from the defendant under the joint and several guarantee of the plaintiff Eul to pay KRW 110 million including interest, expenses, etc., and prepared the notarial deed of this case.
After that, Plaintiff A paid the Defendant the amount of KRW 50 million on June 3, 2014, and KRW 60 million on December 26, 2017.