청구이의
1. The Defendant’s notary public against the Plaintiff No. 6 of January 7, 2016, No. 2016.
1. Facts of recognition;
A. A. A and the Plaintiff around January 7, 2016: (a) as between the Defendant and the Plaintiff, “Defendant lent KRW 200 million to C on January 7, 2016 (200 million by the rate of interest, delay damages rate, 2.08% per month, and July 7, 2016); (b) the Plaintiff’s joint and several obligation of the said loan; and (c) a notary public, as of January 7, 2016, drafted a notarial deed of a monetary loan agreement, No. 6, 2016, in a document written on January 7, 2016.”
B. The Defendant lent KRW 138 million to C on the date of preparation of the instant notarial deed, and thereafter lent KRW 30 million to C on April 7, 2016.
C. Upon receiving the Defendant’s demand for reimbursement, the Plaintiff paid the Defendant KRW 138 million as well as the interest on the said KRW 16,514,575 as of June 30, 2016 and July 6, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserted that only the portion that the defendant lent KRW 138 million to C in accordance with the monetary loan contract of this case, the plaintiff paid in full as joint and several liability, and further, the part that the defendant lent KRW 30 million to C around April 7, 2016 is not known to the plaintiff, and thus, the above monetary loan contract of this case and separate loan of this case do not bear joint and several liability. Thus, the plaintiff asserts that compulsory execution based on the defendant's notarial deed should be denied upon completion of the performance of obligation under the monetary loan contract of this case.
The defendant asserts that there is no dispute that the principal and interest for the loan of KRW 138 million is repaid by the plaintiff, but the plaintiff bears the joint and several liability even for the additional loan of KRW 30 million to C.
B. First of all, there is no dispute between the parties that the original loan of KRW 138 million was repaid and the principal and interest of KRW 100 million.