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1. The Defendant’s notary public against the Plaintiff is a notarial deed with the executory power of No. 1698, 2013.
Reasons
1. Basic facts
A. C delegated by the Defendant (hereinafter referred to as “C”) leased 2% interest per month on January 2013 and February 7, 2013, each of which is KRW 100 million as business funds, to D, and leased 2% interest per month on the first day of each month.
After that, on March 1, 2013, the interest was 2 million won which is 1% per month, and the interest was again 4 million won which is 2% per month from April 1, 2013.
(hereinafter referred to as “first loan”). (b)
D requested C to borrow additional KRW 100 million, and under the circumstances where C was unable to receive the principal and interest of the loan of KRW 200 million, C expressed a d's color, and C was responsible for the principal and interest of KRW 200 million and KRW 100 million for the existing loan of KRW 200 million and additional loan of KRW 100 million, and C was to receive KRW 2 million interest of KRW 200,000 per month on July 24, 2013 when lending 10 million to D.
(hereinafter referred to as “additional loan”). (c)
The Plaintiff prepared an executory deed No. 1698 (hereinafter “notarial deed of this case”) with the content that a notary public, who borrowed KRW 100 million from the Defendant on the lending date with the intent of joint and several guarantee for additional loans, was an executory deed No. 1698 (hereinafter “instant deed”).
In addition, the plaintiff and D and C are "the confirmation of this case" as follows on the same day.
was drawn up.
D shall pay to the Defendant a total amount of 300 million won, 100 million won by the end of December 2013.
b. (2) The lease contract will proceed until September 2013 to the building E (the building owner: the Plaintiff’s located in Jin-gu, Busan) as security for 200 million won.
(3) The repayment of 200 million won of the investment shall be subject to subsequent consultation.
d.
Plaintiff
On September 5, 2013, upon the confirmation of the instant case, D and C drafted on September 5, 2013 a real estate lease contract with the lessor, the lessee, and the lease deposit 200 million won for the whole second floor of the F building located in Busan District E.
(c).