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1. The defendant's notary public against the plaintiff is based on the No. 23 of January 13, 2015 No. 2015.
Reasons
1. Basic facts
A. From December 18, 2012 to December 20, 2012, the Defendant: (a) determined that KRW 450 million was interest monthly; (b) KRW 500,000 as of December 17, 2014; and (c) lent the instant loan (hereinafter “instant loan”).
B. As of January 13, 2015, C: (a) as of January 13, 2015, with respect to 100 million won out of the balance of the instant loan as of January 13, 2015, C created a loan certificate of KRW 150 million with interest rate of KRW 12% per annum from the Defendant on January 13, 2015; and (b) as of January 13, 2016, with respect to the real estate indicated in the separate sheet, as of January 14, 2015, C created a loan certificate of KRW 150 million with interest rate of KRW 12% per annum from the Defendant on January 13, 2015; (c) the Plaintiff prepared a loan certificate of KRW 150 million with interest rate of KRW 12% per annum from the Defendant on January 13, 2015; and (d) the Plaintiff prepared a loan certificate of KRW 213,2016 (hereinafter “the loan certificate”).
C. From January 28, 2015 to December 31, 2015, C paid a total of KRW 20 million to the Plaintiff on 12 occasions, and paid KRW 50 million on January 17, 2016, KRW 50 million on January 18, 2016, KRW 10 million on May 25, 2016, and KRW 45 million on July 28, 2016, respectively.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. As of February 13, 2015, C with the nature of the loan stated in the instant No. 100 million won as of February 13, 2015, out of 200 million won of the balance of the loan of this case borne by C to the Plaintiff, C created a collateral security worth of KRW 150 million with the maximum debt amount, and the remainder of KRW 100 million.