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Reasons
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(영문) 서울중앙지방법원 2015.07.23 2014가합50451
청구이의
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1. The defendant's notary public against the plaintiff is an executory power of No. 1850 of the 2008 General Law Office against the plaintiff.

Reasons

1. Facts of recognition;

A. On March 2008, the Defendant lent KRW 50 million to the Plaintiff around March 7, 2008. In addition, on April 7, 2008, the Defendant decided that KRW 50 million was interest rate of 12% per annum to the Plaintiff.

On April 7, 2008, the above KRW 50 million was lent to the Plaintiff again by the Defendant on April 7, 2008, with the Plaintiff’s joint and several sureties’s interest rate of 4% per month and due date of payment as of March 31, 2009.

3) The Plaintiff and the Defendant issued and delivered to C a promissory note with the maturity date of April 8, 2008, the face value of KRW 80 million, the payment date of KRW 80,000, the place of issue, the place of payment, and the place of payment in order to secure C’s loan obligations under the above paragraph (2). The Plaintiff and the Defendant drafted a notarial deed to the effect that a notary public is not dissatisfied with the said promissory note, even if he/she is immediately subject to compulsory execution under the commission of C, the creditor and the debtor’s agent, as of May 21, 2008.

B. The Defendant, on November 25, 2008, proposed that the Plaintiff would lend KRW 150 million at KRW 100 million at KRW 100,000,000 at KRW 250,000,000 at KRW 100,000,00 if the Plaintiff repaid the above loan principal to the Plaintiff. 2) The Plaintiff, on behalf of the Plaintiff, asked D to transfer the amount of KRW 97,00,000 to the Defendant, upon requesting the Defendant to transfer the amount of KRW 97,00,000 on behalf of the Plaintiff.

D transferred the above KRW 97 million to the defendant's account on November 11, 2008.

3) On November 25, 2008, the Plaintiff and the Defendant: (a) No. 1850 of the No. 2008, a notary public’s office of the General Law Office of No. 1850 of money consumption loan notarial deeds (hereinafter “instant notarial deeds”) are as follows.

1) The Defendant, on November 25, 2008, borrowed KRW 250 million from the Plaintiff from the Plaintiff on November 25, 2008. ② The Defendant repaid the above loan to the Plaintiff up to February 28, 2009, but in fact, the Defendant did not lend KRW 250 million to the Plaintiff.

C. The Plaintiff’s partial repayment, etc. against the Defendant, etc., is from the Defendant D.

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