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1. The defendant's notary public against the plaintiff was No. 1338 on November 14, 2006, 2006, No. 1338.
Reasons
1. Facts of recognition;
A. On November 14, 2006, the Plaintiff prepared a notarial deed of a contract for a loan for consumption (hereinafter “notarial deed of this case”) with the following content as a notary public No. 1338 of the 2006 Do Joint Law Office No. 1338 of the 2006.
Article 1 (Purpose) The Defendant lent KRW 0,000 to the Plaintiff on May 17, 2006, and the Plaintiff borrowed this.
Article 2 (Period and Method of Payment) The repayment of principal shall be made on May 31, 2006.
Article 3 (Interest) Interest rate shall be 60% per annum.
Article 5 (Compensation for Delay) When the plaintiff delays the repayment of principal and interest, the late payment damages shall be paid to the defendant at the rate of 25% per annum for the delayed principal and interest.
Article 9 (Recognition and Recognition of Compulsory Execution) When the plaintiff fails to discharge his pecuniary obligation under this contract, the plaintiff acknowledged the absence of objection immediately after compulsory execution.
B. On May 20, 2015, E was ordered to commence compulsory execution with respect to the instant notarial deed as title F with the Suwon District Court F, Sungnam-si G Building owned by the Plaintiff, Sungnam-gu 102 Dong 504.
C. On May 2006, the Plaintiff loaned KRW 50,00,000 to H with gambling money, and the Plaintiff prepared the instant notarial deed while conducting joint and several sureties with respect to the said loan, which is null and void pursuant to Article 103 of the Civil Act. The Plaintiff agreed to settle the existing transaction relationship related to the instant notarial deed on March 8, 2012 with E and pay KRW 30,000,000 to E and withdraw all civil and criminal legal matters. Therefore, the compulsory execution based on the instant notarial deed should not be permitted, and filed a lawsuit of objection against E with the Suwon District Court Branch Branch 2015Ga2041577.
On July 7, 2015, after the execution of the Notarial Deed by E on November 16, 2016, the said court transferred the instant claim to the Defendant (hereinafter “transfer of claim”) and the instant claim to the Defendant.