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(영문) 서울중앙지방법원 2015.08.18 2014가단212283

청구이의

Text

1. Certificate No. 2187, dated December 17, 2012 by the Defendant’s notary public against the Plaintiff, No. 2187.

Reasons

1. In full view of the purport of the entire pleadings as to the evidence Nos. 1 through 3 of the judgment as to the cause of the claim, the Plaintiff agreed to borrow KRW 30,000,000 from the Defendant to make installment payments of KRW 1,50,000 each month from January 2013, and the Defendant prepared and made a notarized promissory note No. 1 as a security, and the Plaintiff fully repaid KRW 30,00,000 on August 26, 2014.

According to the above facts of recognition, since the debt under the promissory note notarial deed of this case is fully repaid, compulsory execution based on the promissory note notarial deed of this case shall not be permitted.

2. The defendant's defense that 3,00,000 won out of the amount paid by the plaintiff to the plaintiff was appropriated for the payment of the outstanding amount of KRW 1,903,60, 100, 200, 200, 32, 96,000, 160,300, 160, 160, 160,300, and 1,728,000, and 1,500, in consideration of the following circumstances acknowledged by the evidence, and the fact that the plaintiff paid a certain amount of KRW 1,50,000 on the date before and after the 20th of each month, it is insufficient to acknowledge the defendant's above defense, and there is no other evidence to acknowledge this. Therefore, the defendant's defense is not accepted.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.