청구이의의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. D, on July 1, 2016, in order to repay the obligation to return the sales price of officetels of KRW 320,000 to the Defendant (hereinafter “instant obligation”), D: (a) drafted a debt repayment agreement; (b) paid the principal amount of KRW 100,000 to the Defendant immediately after signing the agreement; and (c) paid KRW 60,000 within two months; (d) decided to provide a certificate of subscription to promissory notes as a guarantee for the payment by the Plaintiff; and (c) KRW 160,000 and interest KRW 30,000,000,000
B. On July 1, 2016, the Plaintiff issued a promissory note with the addressee’s Defendant on August 31, 2016, and a notary public drafted a notarial deed of promissory notes (hereinafter “notarial deed of this case”) with C 207 No. 2016, supra, on the face of KRW 60,000 in face value of 1,00,000,000,000.
C. After the expiration of the payment date of promissory notes, the Defendant filed an application with the Plaintiff for the specification of the property and received a decision to specify the property under the Incheon District Court Decision No. 2016Kao2018.
D On February 13, 2018, the Defendant and the Defendant agreed to pay the remaining 10 million won by September 30, 2018, 2018, 200 million won, excluding 10,000 won already repaid, and 10,000 won on February 13, 2018, and the remaining amount shall be paid by September 30, 2018.
E. D, according to the above agreement, 90 million won was paid by the cashier's checks, and 10 million won was paid in cash, but when 50 million won was suspended from payment among cashier's checks, the same amount was remitted to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings
2. The Plaintiff, based on the instant notarial deed, lost its validity by preparing a new agreement between D and the Defendant on February 13, 2018, and even if not, D paid KRW 100 million to the Defendant on February 13, 2018.