청구이의
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 8, 2017, the Plaintiff and the Defendant entrusted a notary public to a law firm C with the preparation of a notarial deed, and the said legal entity prepared a notarial deed (hereinafter “instant notarial deed”) under No. 121, 2017 on the same day, and the content of the notarial deed is as shown in attached Table 1.
B. The Plaintiff paid the Defendant a total of KRW 120,000,000 as indicated in the following table in relation to the obligations stated in the instant notarial deed.
C. The Defendant conducted compulsory execution against the Plaintiff on the basis of the instant notarial deed, and collected KRW 8,214,300 through such compulsory execution.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6 (including evidence with a serial number), the purport of the whole pleadings]
2. Summary of the parties’ assertion
A. After preparing the instant notarial deed, the Plaintiff and the Defendant agreed to reduce the amount of debt from KRW 130 million on the said notarial deed to KRW 120 million, which reduced the amount of debt from KRW 100 million.
In addition, the Plaintiff paid 120 million won to the Defendant.
Therefore, compulsory execution based on the Notarial Deed of this case should be denied.
In addition, since the Defendant’s money collected 8,214,300 won, the money collected by the Defendant in the compulsory execution procedure based on the above notarial deed, the Defendant should pay the Plaintiff the above 8,214,300 won and damages for delay.
B. The defendant's assertion did not agree to reduce the amount of KRW 10 million without any condition, as alleged by the plaintiff.
Therefore, without any condition, the plaintiff's claim of this case on the premise that the reduction of 10 million won is agreed shall be dismissed.
3. In light of the following circumstances, the evidence presented by the Plaintiff and the Defendant, which can be acknowledged by comprehensively taking account of the overall purport of the arguments, can be acknowledged as having agreed between the Plaintiff and the Defendant to reduce the amount of KRW 10 million without any condition.