A notary public against the defendant of the plaintiff is based on the No. 590 deed No. 590, 2019, drafted on April 15, 2019.

1. Basic facts

A. On April 15, 2019, the Plaintiff drafted a notarial deed on a monetary loan agreement No. 590 of Claw Firm No. 2019 (hereinafter “instant notarial deed”) with the purport that KRW 50,000,000 from the Defendant will be borrowed at the maturity of payment on May 15, 2019 and at the rate of 15% per annum.

B. Upon the Plaintiff’s request, the Defendant paid KRW 45,000,000 out of the above borrowed amount to the account under the name of D (hereinafter “D”).

C. From the D account on June 26, 2019, KRW 50,000 was paid from the Defendant account to the Defendant account.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Assertion and determination

A. On April 15, 2019, the Defendant: (a) lent money to D on April 15, 2019; and (b) prepared the instant Notarial Deed in the name of the Plaintiff working in D, on the ground that the Notarial Deed is necessary.

D received KRW 45,00,000 from the Defendant on the same day on the basis of the instant notarial deed, and paid KRW 50,000,000 to the Defendant on June 26, 2019, thereby repaying all of the instant borrowed money.

B. In full view of the purport of the arguments in Gap evidence Nos. 6, Gap evidence Nos. 7-1 through 3, Eul evidence Nos. 8, and Eul evidence Nos. 1 through 4, the defendant filed an application for the payment order against Eul under the Busan District Court's Dong Branch's 2019 tea1812, asserting that the defendant lent KRW 43,00,000 to D for four times from May 3, 2019 to May 13, 2019. D submitted a written objection against the above payment order, and "the defendant lent KRW 45,00,000,000 to D on the basis of the notarial deed of this case and KRW 40,000,000,000 for loan Nos. 1 to the defendant's 1 to 1 to 13, 200,000,000 for loan repayment period of KRW 50,000,000 for loan payment order of this case.