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1. The Defendant’s notary public against the Plaintiff, No. 189, May 26, 2014, No. 189, 2014.
Reasons
1. Facts of recognition;
A. On March 25, 2014, in order to operate a restaurant with the trade name “D,” the Plaintiff concluded a construction contract with E with respect to the construction cost of KRW 3,00,000 (the contract amount of KRW 5 million, the intermediate payment of KRW 5 million, the remainder of KRW 23 million, the remainder of KRW 23 million, and the payment of the remainder by July 30, 2014, in order to secure the payment of the remainder, the Plaintiff shall be paid the remainder of KRW 23 million by July 30, 2014.
B. On May 26, 2014, E: (a) as an agent of the Plaintiff, obligee E, and the date of loan; (b) the maturity on March 25, 2014; (c) the maturity on July 30, 2014; (d) the interest rate of KRW 25 million on the leased principal; and (e) the interest rate of delay damages; and (e) if the obligor fails to perform the borrowed obligation, E requested the preparation of a notarial deed of a monetary loan agreement with the purport that he/she does not raise any objection even if he/she is immediately subject to compulsory execution; and (b) accordingly, the notary public drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) as of May 26, 2014 as of May 189, 2014.
C. On June 10, 2015, E transferred all rights based on the instant notarial deed to the Defendant, notified the Plaintiff by content-certified mail, and the said content-certified mail reached the Plaintiff on June 25, 2015.
Based on the instant notarial deed, on September 22, 2015, the Defendant received a seizure and collection order against KRW 11,638,610 of the Plaintiff’s lease deposit refund claims against F, as Suwon District Court 2015TT1486, and F deposited KRW 1,845,421.
E. The Defendant received dividends of KRW 1,838,424 on February 1, 2016 in the Suwon District Court G distribution procedure for the said deposit.
[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 through 4, 9 through 14, and all pleadings.