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1. The Defendant’s notary public against the Plaintiffs shall have the executory power of No. 538 of March 30, 2010, drafted by D, March 30, 2010.
Reasons
1. Basic facts
A. On March 30, 2010, the Plaintiffs and the Defendant entrusted a notary public with the preparation of a notarial deed under a monetary loan agreement with the effect that Plaintiff A borrowed KRW 30 million from the Defendant on February 5, 2010 and April 29, 2010, respectively, within the limit of KRW 30 million (hereinafter “notarial deed of this case”).
B. On March 30, 2010, the amount excluding KRW 910,000,000,000, which was transferred to the account of the Plaintiff’s National Bank on the instant notarial deed was used in repayment of the advance payment to the owner of the entertainment business operated by the Plaintiff A.
C. On November 8, 2018, the Defendant was sentenced to a suspended sentence of two years for a year, due to a violation of the Act on the Punishment of Acts of Arranging Sexual Traffic (e.g., arranging sexual traffic) with regard to the following criminal facts by the Daegu District Court Branch of the Daegu District Court Branch of the Republic of Korea (hereinafter “Seoul District Court Branch of the Daegu District Court”), and the said judgment became final and conclusive on November 16, 2018.
From April 2010 to April 2014, the Defendant: (a) operated a news report room called “F” with the trade name of “F” in the south-gu E at port; and (b) arranged commercial sex acts for four years by sending the Plaintiff, A, etc. and female sexual traffic to the pertinent business establishment by sending the Plaintiff, etc., who were in the said news report room, and female sexual traffic to the said business establishment; and (c) receiving 10 to 15% of monthly profit from the female sexual traffic, for four years, at the request of the said proprietor from around April 2010 to around April 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, Gap evidence 12-9, the purport of the whole pleadings
2. The part of the plaintiffs' objection
A. The summary of the plaintiffs' assertion 1 of this case constitutes money and valuables provided as a means of coercion to attract sexual traffic, or a means of cooperation, and thus constitutes an act of arranging sexual traffic.