beta
Text
1. The defendant's notary public C of the Suwon District Prosecutors' Office against the plaintiff was prepared on July 8, 2014 by the defendant, No. 00504.
Reasons
1. In full view of the facts that there is no dispute between the parties to the underlying facts, and the purport of the entire argument in Gap evidence No. 1, the Plaintiff, on July 8, 2014, prepared a notarial deed stating the purport of the Plaintiff’s loan (hereinafter “instant loan”) between the Defendant and the Defendant with a maturity of KRW 20 million on July 8, 2014, setting the Plaintiff as 30% per annum from the Defendant on September 7, 2014, with interest and delay damages as 30% per annum, and received KRW 19.6 million from the Defendant after deducting the business interest.
2. Determination as to the cause of action
A. On August 11, 2014, the Plaintiff’s summary of the Plaintiff’s assertion was leased from Nonparty D to Nonparty D for KRW 108, 109, and 110 (hereinafter “instant No. 108”), with a deposit of KRW 50 million monthly rent of KRW 2 million, the contract period from August 11, 2014 to August 10, 2016. On August 31, 2014, the Plaintiff leased the instant No. 1111, 112, and 113 (hereinafter “instant No. 1111”) from the said D with a deposit of KRW 5 million, KRW 18 million, the contract period of KRW 18 million, and from September 16, 2014 to September 17, 2014.
However, the Plaintiff, the Defendant, and the lessor D agreed to repay the Plaintiff’s borrowed money to the Defendant by deducting the monthly rent that the Defendant would pay to D from the borrowed money that the Plaintiff would have to pay to D.
Accordingly, the Defendant asserts that, as of April 17, 2015, the monthly rent of KRW 22,60,000,000,000,000 for the instant loans as of April 17, 201, and the instant No. 1111, etc. came to their respective maturity, and the Plaintiff’s principal and interest of the instant loans were extinguished on an equal basis with the Plaintiff’s repayment.
B. According to each of the statements in evidence Nos. 1-2, 2, and 1-2 of the evidence Nos. 1-2 and 1-2, the Defendant, on August 11, 2014, set the deposit amount of KRW 50 million from Nonparty D to the lease period of KRW 2 million from August 11, 201, and the lease period of KRW 2 million from August 11, 2014 to August 10, 2016.