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1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuit, the Defendant’s notary public against the Plaintiff.
Reasons
1. Basic facts
A. On December 31, 2013, the Plaintiff issued and delivered to the Defendant a notarial deed of a monetary loan agreement for consumption (hereinafter “notarial deed of this case”) No. 3257, Dec. 31, 2013, which entered into by a notary public, stating, “The Plaintiff shall borrow KRW 15,00,000 from the Defendant on December 21, 2013 until March 24, 2014, interest (including delay damages) shall be 30% per annum, and if the said monetary obligation is not performed, even if compulsory execution is performed, it shall be recognized that there is no objection.”
B. On the basis of the notarial deed of this case, the Defendant requested a seizure and collection order as to the benefits, etc. to the Plaintiff (third obligor) Company D (third obligor) by the Ulsan District Court 2014TTT5973, and received the issuance of the order on May 27, 2014.
(hereinafter “instant collection order”). The Defendant’s claim amount according to the instant collection order is KRW 15,700,000,000 of the leased principal and the interest and delay damages incurred from March 21, 2014 to May 15, 2014, including KRW 700,000,00.
C. Based on the collection order of the instant case No. 1, the Defendant received the total of KRW 15,70,000,000 as stated in the corresponding column of “the instant dividends” in the court (hereinafter collectively referred to as “instant dividends procedures”) on October 15, 2014, 881, 93 F. 11,818, 067 2, 365, 571 G 18, 208, 208, 208, 308, 452, 4961, 580, 197, 208, 197, 208, 197, 208, 205, 208, 360, 197, 205, 208, 2015, 306, 196, 27, 2727, 48, 2016.
Based on the notarial deed of this case, the Defendant applied for a collection order for the seizure and collection of the claim against the Plaintiff (third debtor) as to the benefits, etc. to the Plaintiff (third debtor) as the Ulsan District Court 2018TTT9089 and received the issuance thereof on August 14, 2018.
(hereinafter “instant collection order”) No. 2.