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1. The Plaintiff:
A. Defendant B’s KRW 24,217,326 as well as 5% per annum from September 13, 2012 to December 24, 2014.
Reasons
1. Facts of recognition;
A. On June 25, 2008, a notary public prepared a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) with the following contents as a creditor E, debtor F, and joint and several sureties on June 25, 2008.
H, as an employee of E, entrusted the preparation of the instant Notarial Deed as an agent of Plaintiff, E, and F.
Article 1 (Purpose) E lent 200 million won to F on May 17, 2008, and F borrowed this.
Article 2 (Period and Method of Payment) The F shall pay the borrowed money under the preceding Article in 2 to KRW 20 million on May 17, 2008 and make installment payments in 20 million on the 17th day of each month from July 17, 2008 to March 17, 2009.
Article 3 (Interest) Interest shall be paid to E at the rate of 30% per annum on the 17th day of each month.
Article 8 (Joint Guarantee) The Plaintiff guaranteed F’s obligation under this Agreement and agreed to discharge F’s obligation jointly and severally with F.
Article 9 (Recognition and Recognition of Compulsory Execution) In the event that F and the plaintiff fail to perform a pecuniary obligation under this contract, they recognize the absence of objection immediately even if compulsory execution has been enforced.
B. On July 23, 2012, E, based on the instant notarial deed, collected KRW 56,507,095 in total (= KRW 3,007,850 KRW 5,673,00 KRW 6,90,03 KRW 6,990,432 KRW 10,835,810) upon obtaining a claim attachment and collection order from the Changwon District Court 2012 Tasan Branch 2794 on July 23, 2012 as follows.
C. The Plaintiff filed a lawsuit of demurrer against E as the Changwon District Court Branch Branch 2012Gahap1856, and the above court accepted the Plaintiff’s claim on the ground that the Notarial Deed was prepared at the request of H, a non-authorized representative, and that the enforcement title against the Plaintiff is ineffective, and rendered a judgment on April 18, 2014 that “the compulsory execution based on the original copy of the Notarial Deed shall be prohibited” was dismissed, but the judgment was dismissed, and the above judgment became final and conclusive.
E is pending in the above appellate trial.