청구이의
1. A notary public belonging to the Suwon District Prosecutors' Office against the Plaintiff of the Defendants was prepared on June 19, 2015.
1. Facts of recognition;
A. The Plaintiff is the birth of Nonparty D, and the Defendants are the parents of the network E (hereinafter “the deceased”) that died on May 18, 2017.
B. On May 20, 2015, D asked Non-Party F to lend KRW 30,000,000 to Non-Party F, and F introduced the Deceased to D.
The Deceased paid KRW 30,000,000 to D on the same day (hereinafter “the instant loan”). D paid KRW 2,600,000 to the Deceased, respectively, and KRW 1,500,000 to F.
C. The Deceased and F agreed that D would pay KRW 3,00,000 per month in 10% each month in relation to the instant loan, the amount shall be divided into KRW 1,50,000.
With respect to the instant loan, a promissory note, including the Plaintiff, the Deceased, the Deceased, the date of issuance, June 19, 2015, and the date of payment, July 19, 2015, in relation to the instant loan, was prepared, and the notary public belonging to the Suwon District Prosecutors’ Office, the Plaintiff, and the Deceased, the notary public, who belongs to the Plaintiff, the obligee, and the Deceased, prepared a deed of the Promissory Notes No. 443, June 19, 2015 (hereinafter “notarial deed of this case”).
E. From June 2015 to November 2015, F paid KRW 1,500,000 each month to the Deceased, and paid KRW 30,000,000 on December 22, 2015.
(hereinafter collectively referred to as “instant reimbursement”). / [Ground of recognition] The fact that there is no dispute, Gap’s evidence Nos. 1, 2, 4, Eul’s evidence Nos. 1 through 4 (including the serial number), the witness F’s testimony, the purport of the whole pleadings.
2. The parties' assertion
A. On the grounds delineated below the plaintiff's assertion, compulsory execution based on the notarial deed of this case shall not be permitted.
1) The instant loan was borrowed from DF, and D repaid its principal and interest to F, thereby extinguishing all of the Plaintiff’s debt based on the instant notarial deed. 2) Even if D borrowed funds from the Deceased, F repaid its principal and interest to the Deceased, the Plaintiff’s debt based on the instant notarial deed was extinguished by F to fully repay its principal and interest to the Deceased.
B. The defendants' assertion of this case.