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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
Reasons
1. Basic facts
A. On May 15, 2010, the Plaintiff borrowed KRW 300 million from the Defendant at the interest rate of 18% per annum and the due date on September 15, 2012, with funds to take over and operate the safe point.
(hereinafter referred to as “instant monetary loan agreement”) B.
From June 15, 2010 to February 15, 2011, the Plaintiff paid a total of KRW 40.5 million to the Defendant (=30 million x 15% per annum x 1/12 x 9 months). On July 18, 2012, the Plaintiff paid an additional amount of KRW 60 million to the Defendant.
C. Around June 2012, the Plaintiff prepared a notarial deed with the Defendant as to the same content as the instant monetary loan agreement, and agreed to grant the Defendant the right of representation as to the preparation commission (hereinafter “instant notarial deed”). Accordingly, the Plaintiff issued two copies of each delegation and certificate of personal seal impression to the Defendant to commission the preparation of the notarial deed.
On August 20, 2012, the Defendant drafted and implemented the following agreements with the Plaintiff’s family members (hereinafter “instant agreement”), and the Plaintiff’s family members paid KRW 100 million to the Defendant on the same day:
It is confirmed that 160 million won shall be paid in cash, 70 million won as the site of the petition, and the remainder of 115 million won shall remain as the loan (in five years) with C, the birth of the plaintiff.
It confirms that there is no balance other than KRW 115 million with Dong Jae-in in five years later, and that there is no objection.
E. On September 12, 2012, when the Plaintiff’s agent fails to perform his/her monetary obligation under the instant monetary loan contract as a creditor, the Defendant entrusted a notary public with the preparation of a notarial deed No. 852, 2012, No. 852, 2012, which was signed by the mother law firm, to the effect that the said agent is not dissatisfied
(c).