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1. The Defendant’s notary public against the Plaintiff has the executory power of the 2011 Certificate 328 of Law Office.
Reasons
1. Basic facts
A. On August 23, 201, the Plaintiff: (a) subscribed to a successful bid for a bid of 30,000,000 foot each month; (b) paid KRW 1,300,000 each month thereafter; and (c) received KRW 30,00,00 each month from the Defendant around September 25, 201; and (d) received KRW 30,000,000 from the Defendant, the total amount of the fraternity to be paid to the Defendant was 38,40,000 won (total amount of KRW 1,00,000 x 2 months x 1,30,000 x 2 months).
B. On October 4, 201, the Plaintiff borrowed KRW 5,00,000 from the Defendant at KRW 3% per month, and then, signed and sealed the letter of delegation stating that “The Plaintiff borrowed interest on KRW 45,00,000 of the principal at KRW 3% per month (hereinafter “the loan certificate in this case”) and “a notary public delegate all the authority that a notary public entrusts the Defendant with the preparation of a notarial deed with respect to the loan obligation to the Defendant to a law firm and port law office” (hereinafter “the letter of delegation in this case”) and then delivered it to the Defendant.
C. On October 13, 201, the Defendant, with the power of attorney of this case, appeared at the law firm general law office as creditor and the obligor’s agent, and agreed to approve the Plaintiff’s obligation to repay the loan amounting to KRW 45,000,000 from the Defendant on October 4, 201, and to repay not later than October 20, 201 with interest rate of KRW 30% per annum. If repayment is delayed, 30% per annum as to the delayed principal or interest shall be paid, and even if compulsory execution is immediately enforced by the Defendant, 2011, a notary public entrusted the preparation of a notarial deed (hereinafter “notarial deed”).
On April 30, 2014, the Defendant, based on the instant notarial deed, performed compulsory execution on the movable property owned by the Plaintiff as the Daegu District Court Branch Branch of 2014No483, and the Plaintiff was issued the said court’s notarial deed as 2014Ka148.