1. The Defendant’s notary public against the Plaintiff, No. 610, April 16, 2014, No. 610, 2014.

1. A notary public against the Plaintiff’s assertion that the Plaintiff’s assertion was made, on April 16, 2014, the debt of the authentic deed of monetary loan agreement No. 610 of the C law Office No. 610 of the C law Office, 2014, the Defendant lent the Plaintiff, on April 16, 2014, KRW 9 million after deducting the interest of KRW 1 million from the preferred interest of KRW 10 million. Thus, it is null and void due to a juristic act contrary to social order under Article 103 of the Civil Act, or the Plaintiff’s repayment of KRW 8 million to the Defendant, and all termination due to the Defendant’s exemption of KRW 2 million from the said authentic deed. Therefore, compulsory execution based on the above notarial deed should be denied.

2. Determination

A. On April 16, 2014, the Defendant made a loan with interest of KRW 10 million at 24% per annum and paid the remainder of KRW 9 million after deducting one million from the preferred interest. For compulsory execution of the Plaintiff’s above loan obligations against the Defendant, a notary public prepared a notarial deed of monetary loan contract for consumption loan from No. 610, April 16, 2014, and the Plaintiff paid the Defendant KRW 2.9 million as principal of the above loan from May 18, 2014 to August 14, 2014, there is no dispute between the parties.

However, it is insufficient to recognize that the statement of No. 4-1 of the evidence No. 4-1 alone lent the above KRW 10 million to the Plaintiff as gambling money, and there is no evidence to support that the Plaintiff paid the Defendant the above KRW 2.9 million to the Defendant and was exempted from KRW 200,000 from the Defendant.

B. Therefore, according to the above facts of recognition, one million won, which the defendant deducted as prior interest, was appropriated for interest on the above KRW 2,000,000 per month from April 16, 2014 to September 15, 2014, and the defendant also recognized that 2,90,000 won paid by the plaintiff should be appropriated for principal. Thus, the plaintiff is obligated to pay damages for delay calculated at the rate of 24% per annum from September 16, 2014 to September 15, 2014 to the day of full payment. Ultimately, compulsory execution based on the above notarial deed is carried out.