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1. A notary public against the Plaintiff’s Defendants on June 2, 2017, No. 972, which was drafted on June 2, 2017.
Reasons
1. On May 13, 2017, Article 1 (Defendants) of the Notarial Deed of Loan for Use of Money (hereinafter “Notarial Deed”) made a loan to the obligor and the obligor borrowed the amount of KRW 601,667,00.
Article 2 The debtor decided to pay the above borrowed amount in installments on the 15th of each month as follows.
From June 15, 2017 to April 15, 2018, when the debtor delays the repayment of the principal and interest, Article 4 of the 111th each time from May 15, 2018, the debtor paid 25% delay damages and other damages per annum from the first day of delinquency to the date of actual deposit.
When the debtor and joint guarantor (E) fall under any of the following subparagraphs, they shall, as a matter of course, lose the benefit of the time limit for the above obligation and immediately repay all of the remainder of the obligation, even if there is no notification or peremptory notice from the creditor:
1. Even once, when the principal and interest are in arrears, if the debtor and the joint guarantor of Article 10 fail to perform the monetary obligation under this contract, they recognize that there is no objection even if they are immediately subject to compulsory execution.
On June 2, 2017, the Plaintiff: (a) as a notary public No. 972 of D Law Firm 2017, prepared and issued a notarial deed of money loan contract for installment repayment (hereinafter “instant notarial deed”) with the following content to the Defendants.
B. According to the instant notarial deed, the Plaintiff paid the Defendants KRW 20,000,000 in total, including KRW 10,000,000 on June 1, 2017 and KRW 10,000 on July 10, 2017, but did not pay the amount of installments from August 2017.
[Reasons for Recognition] Unsatisfy Facts, entry of Gap evidence 1 and 2, witness E's witness E's testimony, purport of whole pleadings
2. The summary of the Plaintiff’s assertion is ① formally prepared without an act of cause, and thus, is null and void pursuant to Article 108 of the Civil Act, or ② prepared by intimidation and coercion of the Defendants, and thus constitutes a juristic act contrary to social order under Article 103 of the Civil Act, and ③ null and void.