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1. The defendant's document prepared by Busan Eastern District Court (No. 308) was based on the No. 308 of 2018.
Reasons
1. On March 19, 2018, the Plaintiff and the Defendant: (a) entrusted the Plaintiff with the preparation of a notarial deed stating that “The Plaintiff borrowed KRW 400 million from the Defendant on March 19, 2018, with the maturity of payment fixed on March 27, 2018 without setting interest; and (b) if the Plaintiff fails to perform the said obligation, it shall be immediately recognized that there is no objection even if compulsory execution.” (hereinafter referred to as “notarial deed of this case”) was prepared in the Busan East-dong Department of Law as of March 19, 2018 by entrusting the preparation of a notarial deed stating that “The Plaintiff borrowed KRW 400 million from the Defendant on March
[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s notarial deed of this case was drafted by the Defendant’s coercion on the commission of the preparation to the law firm Busan Eastdong by the Defendant, and the Plaintiff did not borrow KRW 400 million from the Defendant.
Therefore, the preparation of the notarial deed of this case is null and void since there is no claim that serves as the basis.
In addition, the plaintiff prepared the notarial deed of this case, which amounts to 400 million won without any consideration by the defendant's coercion, and such declaration of intention should be cancelled as a false declaration of intention or an unfair juristic act, which is null and void or an expression of intention by duress.
Therefore, compulsory execution based on the Notarial Deed of this case should not be permitted.
B. The Plaintiff interfered with the Defendant’s business while staying in the Defendant’s house between two months, acquired goods from Defendant’s wife C, ordered 40 copies from Defendant’s money in China, thereby causing pecuniary and mental damage to Defendant and Defendant’s family members. As such, the Plaintiff was prepared with the instant notarial deed in order to compensate for the said damage.
3. Determination
A. In the case of a notarial deed under Article 56 subparagraph 4 of the Civil Execution Act, the cause of the claim is the same.