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1. Defendant C shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 15% per annum from April 5, 2018 to the date of full payment.
Reasons
1. On February 7, 2007, the Plaintiff and Defendant C’s commission, a notary public D office drafted a notarial deed (hereinafter “instant notarial deed”) with respect to promissory notes (hereinafter “instant promissory notes”) with a face value of KRW 45 million at the addressee, issuer B, C, payment place, and payment place of the Plaintiff, Defendant C, Seoul, Seoul, and the Promissory Notes (hereinafter “instant promissory notes”) under the commission of the Plaintiff and Defendant C.
[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings
2. The parties' assertion
A. The plaintiff prepared the notarial deed of this case from the defendants and lent 45 million won to the defendants, so the defendants are jointly and severally liable to pay the above money to the plaintiff.
B. Defendant B’s borrowing of money from the Plaintiff or issuing and preparing the Promissory Notes and the Notarial Deed to the Plaintiff, and Defendant C issued and prepared the Promissory Notes and the Notarial Deed to the Plaintiff by misappropriation the seals affixed by Defendant B. Defendant C borrowed KRW 40 million from the Plaintiff as money for gambling in the gambling place, and Defendant C borrowed KRW 38 million from the Plaintiff with the money for gambling, thereby deducting KRW 2 million from the interest of the Plaintiff, and added KRW 5 million to the interest of the Plaintiff, Defendant C issued the Promissory Notes with the face value of KRW 45 million in the name of the Defendants, and prepared and executed the Notarial Deed.
Defendant C paid to the Plaintiff KRW 2 million on March 2, 2007, KRW 20 million on April 2, 2007, and KRW 40 million on April 17, 2007, and repaid all the principal and interest of the loan. Even if not, Defendant C did not have the obligation to pay the Plaintiff the above money borrowed with money for gambling.
3. In the event that a third party claims against Defendant B entrusted the preparation of a notarial deed as the debtor's agent, the circumstance that the third party entrusted the preparation of a notarial deed with the debtor's seal impression impression, seal impression, and identification card is not only one material that enables recognition of his/her power of representation, and as a matter of course, the debtor to the third party.