청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff borrowed money several times from the Defendant, and settled it on July 16, 2013, and prepared a notarial deed on a monetary loan contract of 60 million won in fake to the Defendant. However, the Plaintiff asserts that compulsory execution based on the above notarial deed should be denied on the ground that: (a) the Plaintiff paid a sum of KRW 78 million to the Defendant from December 19, 2013 to March 9, 2015; and (b) the Plaintiff paid a total of KRW 78 million to the Defendant.
On July 16, 2013, the fact that the Plaintiff and the Defendant prepared a notarial deed of a monetary loan agreement with the purport that “the Plaintiff borrowed KRW 60 million from the Defendant as of October 30, 2013, which was determined and borrowed by the due date for payment” is either a dispute between the parties or may be recognized by the purport of all pleadings.
However, there is no evidence to acknowledge that the plaintiff paid all of the obligations under the above notarial deed.
Therefore, the plaintiff's above assertion is inappropriate.
Therefore, the plaintiff's claim of this case is not legitimate, and it is dismissed. It is so decided as per Disposition.