A. The Plaintiff asserted that the Plaintiff issued and delivered to the Defendant a promissory note worth KRW 19.5 million in face value to the Defendant as a collateral, and a notary public drafted a notarial deed to the effect that a notary public recognizes the compulsory execution of the said promissory note under No. 41, 2018 (hereinafter “notarial deed of this case”).

However, since the Plaintiff borrowed money amounting to KRW 15 million, the portion exceeding KRW 15 million out of the notarial deed of this case constitutes an unfair juristic act or the other party’s declaration of intention, and thus, is null and void. Since the Plaintiff fully repaid the loan amount of KRW 15 million, compulsory execution based on the notarial deed of this case should be denied.

B. The Plaintiff asserted that the Defendant entered into an alcoholic beverage transaction agreement with the Defendant and prepared the instant notarial deed as a security for all obligations arising out of the loan and all obligations arising out of the liquor transaction relationship. Although the Plaintiff repaid KRW 15 million, KRW 5,357,00, such as the unpaid alcoholic beverage payment and the penalty for breach of the agreement, the compulsory execution based on the instant notarial deed should be allowed, on the ground that the Plaintiff did not repay.

2. Determination

A. The following facts are acknowledged in full view of the facts not disputed between the parties, Gap evidence Nos. 1 to 7, 9, Eul evidence No. 1 to 3, and the purport of the whole pleadings:

The defendant shall set a loan at an annual interest rate of 15 million won with the business start-up support fund to the plaintiff at an annual interest rate of 1.5 million won, and the plaintiff shall repay a loan at an annual interest rate of 1.0 million won during the 15 months from January 2018.

However, in the event that the plaintiff complies with the agreement of this case, interest shall be exempted.

(Article 1). The Plaintiff is engaged in exclusive transactions with the Defendant for at least four years.

(Article 3(1). Where the monthly sales volume (the supply value) is less than 10% of the loan, if the plaintiff fails to comply with the agreement of this case, the defendant may terminate the agreement of this case.

(Articles 4, 4, 9). The plaintiff