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1. The Defendant’s notary public against the Plaintiff is an executory notarial deed No. 956 of the 2013 Document drawn up by C.
Reasons
1. Basic facts
A. The Plaintiff is a person who runs a construction business (mutual name: E) with D, and the Defendant entered into a goods supply contract with the said company on June 15, 2013, and has been doing transactions from around that time.
B. On October 4, 2013, the Plaintiff and D, as joint business operators of the foregoing business, drafted a funding contract containing the following contents, with the Defendant being paid business funds from the Defendant, as a joint business operators of the said business:
(2) The purpose of this Agreement is to provide support to the activities of the Plaintiff and D (hereinafter referred to as the “instant project”) under Article 1(1) of the Agreement, with the aim of which Party A (the Defendant) invests funds and to regulate the contents related to the collection of funds.
Article 2 (Investment Funds and Special Profits)
1. The amount invested by Party A in this contract shall be KRW 450,000,000.
2. Eul shall use the investment funds for the construction of the F, G, and H New Loans in Chuncheon and shall pay 90,000,000 won for special profits to Gap.
Article 3 (Method of Redemption)
1. The investment principal and special profits referred to in Article 2 shall be repaid in cash deposits to the account of A using the following methods:
1 Repayment: 540,000,000 won by February 28, 2014
2. If the investment principal and special profits referred to in paragraph (1) are not repaid to B by February 28, 2014, the assessment of 100 million won per household unit of Chuncheon 24 households shall be made in accord and satisfaction, and all documents necessary for the transfer of ownership shall be delivered to A;
Article 7 (Offer of Security and Notarial Deed)
1.B shall furnish A with the following security to secure the performance of this Agreement:
2) In order to enforce the performance of its obligation, a notarial deed for a loan for consumption (540,000,000) shall be prepared. (c) The Plaintiff and D, which drafted a notarial deed for a loan for consumption, shall be an executory notarial deed (hereinafter referred to as “notarial deed”) which, on October 4, 2013 between a notary public and C from a law firm to the Defendant, contains the following content under No. 956.