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1. The Defendant’s notary public C with the Plaintiff on April 15, 2010 agreement for a monetary loan for consumption (No. 319) signed by the Defendant on April 15, 2010.
Reasons
1. Basic facts
A. On April 15, 2010, the Plaintiff purchased the E patent and design rights owned by D in KRW 120,000,000, and the down payment of KRW 20,000,000 shall be paid until June 30, 2010, and the remainder of KRW 100,000,000 shall be paid until May 30, 201. Upon entering into a sales contract, the Plaintiff used the exclusive right of patent and design rights, and the contract was null and void if the Plaintiff did not pay any balance (hereinafter “instant sales contract”).
B. On April 15, 2010, the Plaintiff borrowed 120,000,000 won from D on April 15, 2010 to D on June 30, 2010, 100,000 won until June 30, 201, and 10,00,000 won until May 30, 201, and in the event that the said loan is not repaid, there is no objection even if a compulsory execution is not effected,” the Plaintiff’s “from the notarial deed of a monetary consumer loan agreement No. 319 of 2010, No. 319 of the Document No. 3010, the Plaintiff shall be deemed as the “notarial deed of this case”.
was prepared and proposed.
C. On December 30, 2010, D issued a promissory note with a face value of KRW 100,000,000 at face value, place of issuance, place of payment, and place of payment, respectively, Seoul Special Metropolitan City, and the date of May 30, 201, respectively. On the same day, D’s issuance and signature and seal of the said promissory note were recognized to the Defendant, and if the payment of the amount is not made to the Defendant, a notary public prepared and delivered a notarial deed of a promissorysory note No. 774 of the 2010 deed prepared and issued to the Defendant, a notary public, which recognizes compulsory execution, prepared and issued to the Defendant, and notified the Plaintiff on September 15, 2011. At that time, D’s notice of the said assignment of claim was delivered
D On December 30, 2010, for the payment of the above promissory note to the Defendant, entered into a contract on the transfer of the claim against the Plaintiff based on the Notarial Deed, and on the same day, a notary public authenticated by 3394 on the same day as the No. 2010 No. 2010.
E. The defendant shall pay KRW 90,000,000 to the successor to the claim based on the Notarial Deed of this case.