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1. No. 215 of C’s Joint Office Deed against the Plaintiff by the Defendant, No. 215 of C’s money loan agreement against the Plaintiff.
Reasons
In fact, the plaintiff borrowed a total of KRW 150 million from the defendant from 2012 to 2013.
The instant notarial deed was drafted as of March 4, 2014. The content thereof is that the Plaintiff borrowed KRW 170,000 from the Defendant on December 26, 2012 from the due date on June 30, 2014; 12% per annum; and 20% per annum on delay damages; and if the Plaintiff fails to implement it, it is recognized that there is no objection even if compulsory execution is conducted.
As of September 6, 2019, the Defendant received a seizure and collection order (hereinafter “instant seizure and collection order”) against KRW 172,058,163, out of KRW 300,000,000,000,000,000,000,000,000,000,000,000 won of the Plaintiff’s deposit return claim against D
(U) The Plaintiff’s assertion of the purport of Gap’s evidence Nos. 1 through 3, the Plaintiff prepared and executed the instant notarial deed to the Defendant, and even if not, the said notarial deed was made by the Defendant’s strong pressure, and thus, the said notarial deed has no validity.
In addition, the above notarial deed states that the borrowed principal is more than KRW 150,000,000,000,000,000,000, which is the actual loan, and the date of loan also states that the date of loan is earlier than the date of actual loan, the above notarial deed is null and void.
In addition, considering the fact that the plaintiff and the defendant are mutually-friendly and that the notarial deed of this case was prepared with respect to the same business, 20% interest rate on delay damages in the notarial deed of this case is excessive.
In addition, since the Plaintiff repaid to the Defendant KRW 120 million out of the borrowed money, the portion repaid by the Plaintiff out of the Notarial Deed in this case is invalid.
Therefore, compulsory execution based on the Notarial Deed of this case should not be permitted.
Judgment
The notarial deed of this case is a notarial deed.