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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 24, 2004, the Plaintiff lent KRW 100,000,000 to D (former name: E).
On September 20, 2005, a notary public signed a notarial deed (Evidence A 1) on the debt repayment contract between the Plaintiff and D with the following content (main content) as the document No. 930 dated 2005, which was signed by a notary public.
Article 1 Section D recognizes the fact that the Plaintiff bears the obligation from the Plaintiff, and promises to repay the obligation under this Agreement. The Plaintiff approved this.
1. Debt amount: 100,000 won;
1. Date on which a debt occurs: The repayment method on August 25, 2009: From September 25, 2006 to July 25, 2009: The repayment method shall be 2,780,000 won in installments, respectively, from September 25, 2006 to July 25, 2009; and the repayment method shall be 2,780,000 won in installments on August 25, 2009;
b. 1. Interest: (a) when Article 2(D) per annum delays the repayment of principal or interest, 12% interest shall be paid to the Plaintiff at the rate of 40% per annum for the principal or interest delayed.
In a case where Article 3 (D) falls under any of the following subparagraphs, it shall, as a matter of course, lose the benefit of time for the obligation of the borrowed money, and immediately repay all of the remainder of the debt, even if there is no other notification or demand
1. Where the promise to perform the installment repayment and the payment of interest is delayed;
B. D’s failure to implement a divisional repayment agreement as stipulated in the notarial deed mentioned in the above paragraph (a), the Plaintiff filed an application for compulsory execution against D’s corporeal movables with the Daegu District Court 2007No3130 on the basis of the authentic copy of the notarial deed, and upon the said application, the execution officer of the Daegu District Court seized the temporary tools and strings, etc. located in the G in the Gyeongbuk-do G in which D and her husband F reside on May 1, 2007.
(hereinafter “instant seizure”). C.
D is the mother of the Defendants, and F, the father and father of the Defendants, died on March 30, 2013.
On April 30, 2013, based on the authentic copy of the notarial deed mentioned in the above paragraph (a), the Plaintiff is the Changwon District Court.