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1. The Defendant’s notary public against the Plaintiff, No. 309, 2009, drafted on February 6, 2009, No. 309.
Reasons
1. The following facts of recognition shall be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings, as stated in Gap evidence 1, 2, and Eul evidence 5-1:
A. D, the Plaintiff’s wife, subscribed to the successful bid (16 members, 30 million won, and 2 million won per month) operated by the Defendant from November 27, 2008 to February 27, 2010.
B. D was awarded a successful tender on January 30, 2009, and the Defendant, on January 30, 2009, paid 8.4 million won after deducting the total amount of the deposit amount for the two months (the share on February 2009 and March 2009) and the amount of the existing debt that D bears to the Defendant.
C. On February 6, 2009, D and the Plaintiff borrowed D from the Defendant as interest-free on November 27, 2008, and repaid it on February 27, 2010, and the Plaintiff entered into a monetary loan agreement with D to the effect that D’s said debt is jointly and severally guaranteed, and on the same day, a notary public entered into a notarial deed concerning the said monetary loan agreement (hereinafter “instant notarial deed”) with the 309 deed No. 309 of the 2009 deed in the preparation of the Cjoint Law Office.
Meanwhile, D paid a total of KRW 32.5 million to the Defendant from November 28, 2008 to March 4, 2013.
2. Determination
A. The Plaintiff asserts that the obligation based on the instant notarial deed refers only to the obligation that D bears to the Defendant under the said notarial deed means the obligation that is paid in full as a member of the said successful bid.
In regard to this, the Defendant, as well as D’s obligation to pay the borrowed amount of KRW 8,535,00 as of October 27, 2008, and KRW 1.8 million as of February 3, 2009, KRW 380,000 as of March 6, 2009, KRW 5 million as of January 30, 2009, KRW 9,000,000 as of May 1, 2009, KRW 695,00 as of May 1, 200, KRW 20,000 as to the borrowed amount of KRW 2,56,00 as to the Defendant, and the joint and several debt obligations as to the Defendant, including joint and several debt obligations as to the borrowed amount of KRW 25,660,00 as of the Defendant.