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1. The judgment of the court of first instance is modified as follows.
The defendant's notary public against the plaintiff A is a law firm's movable property on 2012.
Reasons
1. Basic facts
A. On February 1, 2012, the Plaintiff A borrowed KRW 50,000,00 from the Defendant on February 1, 2012 (hereinafter “first borrowed money”).
() To prepare the relevant notarial deed, the Defendant issued a certificate of personal seal impression, power of attorney, etc. to the Defendant. On the same day, the Defendant appeared at the creditor of the first loan and the Plaintiff’s agent on the movable property of the law firm as the first notary public. Accordingly, on the same day, the notary public borrowed KRW 50,000,000 from the Defendant as the interest rate of KRW 30% per annum, delay damages, and May 1, 2012 by the due date stipulated as the notarial deed No. 68 of 2012, “Plaintiff borrowed KRW 50,00,000 from the Defendant as the interest rate of KRW 30% per annum, delay damages, and May 1, 2012.” The notarial deed of money loan agreement
2) On March 7, 2012, Plaintiff A borrowed KRW 90,000,000 from Defendant, respectively, and KRW 20,000,00 on September 3, 2012.
(3) On December 4, 2012, the Defendant: (a) borrowed KRW 110,00,000 in total from the above borrowed money to the Defendant; (b) on the same day, a notary public was present at a law firm as an obligee of the second borrowed money and as an agent of the Plaintiff A; (c) on the same day, the Plaintiff borrowed KRW 10,000,000 from the Defendant as of March 7, 2012 until January 7, 2013; and (d) if the Plaintiff did not perform the said borrowed money to the Defendant, the Plaintiff entrusted the Defendant with the preparation of an authentic deed of a monetary loan agreement containing the purport that the said borrowed money would have no objection, even if it was immediately subject to compulsory execution; and (c) on the same day, the notary public entrusted the Defendant with the preparation of an authentic deed of the said content as of March 7, 2012 as the said No. 775 (hereinafter “notarial deed”).
B. The defendant's seizure and collection order based on No. 1 notarial deed, and the defendant's compulsory auction 1.