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No. 349, 2017, No. 349, No. 2017, No. 349, No. 2017, which was drawn up by the defendant against the plaintiff.
Reasons
1. Basic facts
A. D (Name E, after the opening of the name, was detained on January 3, 2017 by the Gwangju District Court Branch Branch of 2017Kadan18, a public prosecution was instituted against the Defendant on suspicion of fraud. B. D, on March 20, 2017, was found guilty of the crime that acquired KRW 100,634,568 from the above court from November 6, 2015 to March 7, 2016, and was sentenced to a suspended sentence of three years in imprisonment, and was considered that D agreed with the Defendant during the period of one year and six months (hereinafter referred to as “instant criminal case”). The circumstances favorable to the sentencing were considered to have agreed with the Defendant (hereinafter referred to as “instant criminal case”).
(C) Meanwhile, on March 7, 2017, D borrowed KRW 140 million from the Defendant before the last date for pleading of the instant criminal case, and D borrowed a loan certificate with the effect that the maturity date shall be March 7, 2020 (hereinafter “the instant loan certificate”).
(D) The Defendant, on the same day, borrowed KRW 140,00 from the Defendant, and borrowed KRW 140,000 from the Defendant on March 7, 2017 as the No. 349 of the Deed No. 2017, which read that “D borrowed KRW 140,00,000 from the Defendant, and the due date shall be until March 7, 2020, and the interest rate for delay shall be 15% per annum, and if D and joint guarantors fail to perform their obligations, the Defendant shall be granted the Defendant’s compulsory execution” (hereinafter referred to as the “notarial deed”).
(E) The Plaintiff and the networkF were written in the column for joint and several sureties of the instant notarial deed. The Plaintiff, on the same day, remitted KRW 20 million to the Defendant’s account. On March 8, 2017, the Plaintiff again remitted KRW 10 million to the Defendant’s account after having returned KRW 10 million from the Defendant on March 8, 2017. The Plaintiff, without any dispute over the grounds for recognition, transferred KRW 10 million to the Defendant’s account.
2. The Parties’ assertion.