beta
(영문) 광주지방법원순천지원 2019.02.13 2018가단3803

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 16, 2009, a notary public drawn up a notarial deed of a monetary loan agreement with the following content as the No. 1942 of the D Deed No. 1942 of 2009:

(hereinafter referred to as “notarial deed of this case”). A creditor of notarial deeds under a monetary loan agreement: The date of borrowing money from the Plaintiff: The date of borrowing from the Plaintiff: 15 million won: Interest on October 15, 2009: 30% per annum.

B. On April 18, 2018, when the Defendant applied for the re-issuance of the execution clause of the instant notarial deed, the Plaintiff filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the notarial deed of this case was extinguished by payment for the following reasons.

1) On September 14, 2009, the Plaintiff borrowed 15 million won from E as interest rate per 1.5% and on March 14, 2010 upon the Defendant’s introduction. At the time, the Plaintiff issued to E a loan certificate of KRW 20 million, which is the debtor, the Defendant, the joint guarantor, the Plaintiff, and the Plaintiff, the loan principal, as the debtor, the joint guarantor, and the loan principal. 2) The Defendant requested the Plaintiff to prepare a notarial deed in preparation for the Plaintiff’s payment of the Plaintiff’s obligation by subrogation, and on September 16, 2009, the Plaintiff made the instant notarial deed to the Defendant on September 16, 2009.

3) On April 3, 2014, the Plaintiff loaned money from F to F and repaid the obligations under paragraph 1 (1) to E.

In regard to this, the Defendant lent KRW 21.6 million to the Plaintiff from October 25, 2007 to April 28, 2008 as the price for the material of gas stations. Of them, the Defendant prepared the instant notarial deed regarding the unpaid amount, and asserted that the Plaintiff’s obligation against E is irrelevant to the instant notarial deed and asserted that it is irrelevant to the instant notarial deed.

B. The notarial deed of a monetary loan for consumption itself is a disposal document proving the existence of a claim, barring any special circumstance, the Plaintiff, the obligor, as the Plaintiff, is written in the notarial deed of this case.