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Reasons
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(영문) 대구지방법원서부지원 2020.11.11 2020가단54835
청구이의
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1. The Defendant’s notary public against the Plaintiff is a law firm C with the executory power of No. 167 of April 29, 2019.

Reasons

1. Facts of recognition;

A. From 2014 to 2014, the Plaintiff borrowed money from the Defendant or used the Defendant’s credit card and had the Defendant pay the amount using the credit card. Upon the Defendant’s demand, the Plaintiff made payment to the Defendant on February 18, 2019 that “Total Amount of KRW 20,000,000,000 on February 19, 2019; KRW 2,000,000 on March 3, 2019; KRW 600,000 on April 3, 2019 to January 3, 2020; and KRW 1,00,000 on February 3, 2020 to November 1, 2020.”

B. On April 23, 2019, the Plaintiff prepared a letter of payment stating that “The Defendant repaid KRW 4,000,000 out of KRW 20,000,000 to the Defendant, the remainder of KRW 16,000,000 shall be paid in lump sum on October 18, 2019, and interest and security shall not be paid, and overdue interest shall be 24% per annum.”

C. On April 29, 2019, the Plaintiff and the Defendant drafted a notarial deed stating that “16,000,000 won for loans owed by the Plaintiff to the Defendant shall be paid in lump sum by October 18, 2019, and the interest shall not be paid and the damages for delay shall be paid by 24% per annum” (hereinafter “instant notarial deed”). D.

On December 9, 2019, the Plaintiff delayed the repayment of loan obligations under the instant authentic deed, and repaid the Defendant KRW 9,500,000 to the Defendant on December 9, 2019, and on December 18, 2019, the Plaintiff prepared a letter of commitment to the Defendant that “in principle, the Plaintiff shall pay KRW 1,00,000,000 until December 24, 2019, and KRW 5,500,000 until December 27, 2019, respectively, and in the event that the Plaintiff fails to perform this, the Plaintiff shall pay the amount including the loan interest of KRW 9,440,00 and the principal to the Defendant.”

(hereinafter referred to as “instant commitment”). E.

On December 24, 2019, the Plaintiff paid KRW 1,000,000 to the Defendant, and on December 27, 2019, the Plaintiff’s parent-child account (hereinafter “instant account”).

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