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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. A document related to notarial acts in which a notary public or a member of a joint legal office authorized to judge the cause of the claim or conduct notarial affairs has directly heard by the client or his/her client at his/her request, his/her title, and other facts tested is a public document and thus, the authenticity of the petition is presumed pursuant to Article 356(1) of the Civil Procedure Act. In addition, in order to secure the authenticity of the reported contents, prior procedures such as confirmation of the client or the client and certification of his/her power of attorney are required to be followed by the client or his/her agent before preparation of the certificate, and then preparation of the certificate shall be made with the signature and seal of the author after preparing the certificate. In light of Articles 27, 30, 31, and 38 of the Notary Public Act, the probative value of the document shall be denied without permission unless there is any reliable counter-
(See Supreme Court Decision 94Nu2046 delivered on June 28, 1994. In addition to the purport of the entire pleadings in Gap evidence No. 1, the defendant, on July 2, 2004, set up a notarial deed with the same content as the notarial deed No. 4539 delivered on July 2, 2005, when borrowing 40 million won from the plaintiff from the plaintiff on July 2, 2004 at the rate of 60% per annum and borrowing 60% per annum, and it is recognized that the plaintiff and the defendant directly entrusted the notarial deed in this case.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 40 million won and damages for delay calculated at the rate of 30% per annum from July 3, 2005 to September 11, 2014, the delivery date of a copy of the complaint of this case from July 3, 2005 to September 201, which is the day following the due date for repayment of the claim of this case, and at the rate of 20% per annum from the next day to the day of complete payment.
2. The defendant's assertion and judgment are the case in which the plaintiff borrows 40 million won or more from the plaintiff.