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1. The Defendant’s notary public against the Plaintiff is the authentic copy of the notarial deed No. 608, 2018.
Reasons
1. Basic facts
A. On June 8, 2018, the Plaintiff entered into a contract between the Defendant and the Plaintiff with the content that the Defendant would produce products in accordance with the Plaintiff’s work instruction and deliver them to the Plaintiff, and the Plaintiff would pay the processing fees under the agreement to the Defendant.
B. In accordance with the above contract, when the Plaintiff was supplied with the goods from the Defendant and accumulated the obligation to the Defendant to pay for the goods, the Plaintiff and the Defendant drafted in August 7, 2018 an authentic deed (hereinafter “notarial deed No. 1 of this case”) on the following grounds: “The Plaintiff and the Defendant approved that the balance of the price for the goods to the Defendant was KRW 65,865,80 on August 7, 2018, and paid KRW 39,519,480 on August 20, 2018, the remainder of KRW 26,346,320 on a partial basis until August 20, 2018; however, if the repayment of the said amount is delayed, it shall pay damages for delay at a rate of 24% per annum.”
C. On September 19, 2018, while the Plaintiff and the Defendant continued to engage in the transaction of goods, the Plaintiff and the Defendant drafted a notarial deed on September 19, 2018 in the same law firm stating that “the Plaintiff shall approve that the balance of the price for goods to the Defendant on September 19, 2018 is KRW 59,328,590, and pay the said balance on October 31, 2018. If the Plaintiff delays the payment of the said amount, the damages for delay shall be paid to the Defendant at the rate of 24% per annum.” The notarial deed in the debt repayment contract (Quasi-Loan for Consumption) agreement (hereinafter referred to as “instant notarial deed”). In the case of the instant notarial deed, the Plaintiff and the Defendant drafted the notarial deed in the same law firm as “each of the instant notarial deeds.”
On November 15, 2018, the Defendant issued a collection order for the attachment and collection of the instant No. 2 as Seoul Eastern District Court 2018TTTT12825 on November 15, 2018 with the title of execution.
In the same court D distribution procedure for KRW 59,845,05, which was deposited according to the above collection order, the Plaintiff and the Defendant agreed that the Plaintiff shall receive KRW 20 million from the Plaintiff, and the contents of the above agreement on May 21, 2019.