청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 15, 2018, the Plaintiff and the Defendant remitted to the Plaintiff KRW 4 million on June 15, 2018, and KRW 2 million on June 22, 2018, ③ 4 million on July 3, 2018, ④ KRW 3 million on July 3, 2018, and KRW 2 million on July 26, 2018.
B. The Plaintiff and the Defendant, at the notary public’s office C office, prepared a notarial deed of a monetary loan agreement as follows:
(i) No. 830 of the 2018 against 4 million won on June 15, 2018 (the instant No. notarial deed for which the Plaintiff seeks to exclude enforcement) No. 830 of the 2017, Jul. 11, 2018, 2018 (No. 952 of the 2018 against her KRW 4 million) < Amended by Presidential Decree No. 20211, Jul. 26, 2018>
C. On June 15, 2018, the Plaintiff drafted a receipt (certificate) to the Defendant on July 26, 2018, with each of the receipts as to KRW 2 million on July 11, 2018.
[Reasons for Recognition] Unsatisfy, Gap 1, 4 (including virtual numbers), Eul 1 to 4, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff asserts that, in relation to the notarial deed in this case, the money actually borrowed is seven million won (2 million won is the amount received by the defendant's order to handle the defendant's work, and the borrowed money is three million won (3.0 million won in total). However, the defendant's coercion made a notarial deed of a monetary loan contract for the 12 million won, so compulsory execution based on the above notarial deed should not be allowed.
In this regard, the defendant asserts that a notarial deed for KRW 12 million was prepared because he remitted the money of KRW 9 million to the plaintiff, paid KRW 3 million in cash, and lent KRW 12 million to the plaintiff.
B. According to the above facts of recognition, the following facts are as follows: ① 4 million won in a notarial deed (four million won) and receipt (four million won in a notarial deed) and ⑤ 2 million won in a notarial deed (two million won in a notarial deed) and receipt (two million won in a notarial deed). ② 3. 4 million won in a total and nine million won in a notarial deed (12 million won) and the receipt (12 million won in a receipt).
In full view of these facts, the following circumstances shall be taken into account: