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1. A notary public against the plaintiff of D shall have the executory power set forth in No. 197 of 2013, 2013.
Reasons
1. The following facts are not disputed between the parties, or are admitted in full view of the purport of the entire pleadings with respect to the testimony of the witness E in the items of Gap evidence Nos. 1 to 6, Eul evidence Nos. 1 and 3.
The Plaintiff borrowed KRW 200 million from D, and received gold KRW 200 million on January 30, 2013.
B. On February 21, 2013, the Plaintiff drafted a notarial deed of a monetary loan agreement as stated in paragraph (1) of this Article (hereinafter referred to as “notarial deed”) stating that the Plaintiff borrowed money by setting the amount of KRW 200 million from D as interest rate of KRW 1.5% per month and by February 20, 2015.
C. The Plaintiff paid all the money for the loan for consumption as follows.
D was declared bankrupt by the Seoul Central District Court on January 20, 2016, while the instant case was pending, and the Plaintiff was appointed as the bankruptcy trustee.
The Plaintiff paid interest on March 21, 2013 on April 21, 2013 on April 21, 2013 for 3,000,000, and interest on April 21, 2013 for 3,000,000, and paid on May 11, 2013 for 3,00,00,000,000 interest on June 11, 201; 3,00,00,00 on July 3, 2013; 1.6,00,00,000,000 or 20. The Plaintiff paid interest on July 20, 200 on July 3, 201; and 1.0,00,000,000 or 20. The Plaintiff paid interest on May 10, 200, 209;
2. The Defendant’s defense: (a) lent KRW 50 million to the Plaintiff around September 201; (b) KRW 150 million on December 12, 201; (c) KRW 90 million on March 2, 2013; (d) KRW 100 million on June 19, 2012; and (e) KRW 20 million on January 30, 2013; and (b) lent to the Plaintiff the principal and interest of KRW 50 million.