청구이의
1. The judgment of the court of first instance is modified as follows.
A notary public against the plaintiff is a law firm.
1. Basic facts
A. The original Defendant and Nonparty C are friendship-gu.
B. On January 5, 2009, between the Defendant and C representing the Plaintiff, the notarial deeds of monetary loan agreements as follows were respectively drawn up.
(1) No. 1 of 2009: The amount borrowed on December 28, 2008, interest rate of KRW 40 million per annum, interest rate of KRW 12% per annum, delay rate of KRW 20% per annum, method of repayment, April 25, 2009, and May 25, 2009, respectively, the amount of KRW 10 million per annum, June 25, 2009, the obligee, the obligor C, and the Plaintiff (hereinafter “No. 1 No. 1 No. 2”) who are joint and several guarantors: the notary public stated on the No. 2009, Dec. 28, 2008, the Plaintiff No. 3050, Feb. 15, 2009; the Plaintiff (hereinafter “Defendant No. 1’s No. 2005”) in each of the No. 250, Mar. 25, 2005.
2. The parties' assertion
A. The Plaintiff’s assertion that KRW 39,911,00 out of the borrowed money under the No. 1’s No. 1’s authentication was repaid, and the Plaintiff deposited KRW 2,566,158 in order to repay the said debt on July 24, 2013.
In addition, the plaintiff did not borrow money from the defendant like the notarial deed No. 2 of this case.
Therefore, compulsory execution based on Nos. 1 and 2 of this case should not be permitted.
B. The Defendant’s assertion amounting to KRW 25 million out of KRW 39,911,00, the remainder of KRW 14,121,000, not the principal and interest on the loan of No. 1 authentic deed, was appropriated for the repayment of a separate loan that is not the principal and interest on the loan
In addition, the No. 2 notarial deed of this case was prepared by the Plaintiff in the form of lending money to C, and the Defendant, at the time of the preparation of No. 2 notarial deed, has a claim equivalent to KRW 72,130,000 to C, and thereafter, on January 7, 2009 and January 23, 2009 and January 24, 2009, respectively, additionally lent KRW 18,000,000 to C with a total of KRW 4.5 million on January 24, 2009. Thus, the Defendant is also liable for the second notarial deed.