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1. A law firm shall not be subject to compulsory execution based on a notarial deed No. 494, 2012, drawn up by C on May 15, 2012.
Reasons
1. Basic facts
A. On March 16, 2011, the Plaintiff was awarded a contract for the construction work to set up a multi-family house from D (hereinafter “instant construction work”) with the purchase price of KRW 440 million, and received KRW 100 million as a down payment.
(2) Around that time, the Plaintiff borrowed KRW 3 million from the Defendant who represented the conclusion of the instant construction contract with D’s Dong residents (hereinafter “instant loan”).
B. On May 3, 2011, the Plaintiff agreed to refund money to the Defendant. The Plaintiff provided a “loan” to the Defendant to pay the instant loan.
In addition, on May 24, 2011, the instant construction was discontinued, and the 50 million won remaining after deducting the amount equivalent to the fixed amount from the down payment received (hereinafter “the instant return down payment”) was issued to D and its agent (Defendant).
C. On May 15, 2012, the Plaintiff: (a) requested an attorney-at-law in charge of notarial acts by law firms to perform the following obligations; (b) agreed to pay the following debt to the Defendant; and (c) agreed to accept a notarial deed under a debt repayment contract (hereinafter “this case’s notarial deed”) to accept compulsory execution.
Debt: Interest on agreed amount: 20% per annum and the last day of each month.
Damages for delay: 30% per annum: 15 million won per June 30, 2012, which was paid at the address of the creditor or at the designated place of payment: 30 million won per June 30, 2012; KRW 13 million per November 30, 2013; 15 million per May 30, 2013;
D. On February 26, 2020, the Defendant received a seizure collection order (this court 2020 lives lives lives lives lives lives lives lives lives lives)
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6, the purport of the whole pleadings
2. Determination as to the cause of action
A. The basic legal doctrine (1) is a claim arising from commercial activities.