1. The plaintiff's claim is dismissed.

2. On November 27, 2015, this Court has regard to cases of application for suspension of compulsory execution by this Court.

1. Basic facts

A. On December 29, 2006, a notarial deed written in the purport of the claim (hereinafter “notarial deed of this case”) was prepared between the Plaintiff and the Defendant. The content thereof is that “the Plaintiff borrowed KRW 3,900,000 from the Defendant on December 23, 2006 at an annual interest rate of 66%, and the above borrowed money (hereinafter “the borrowed money of this case”) shall be repaid in equal installments each day from December 26, 2006 to March 23, 2007.”

B. The Defendant filed an application for a seizure and collection order concerning the Plaintiff’s claims against the notarial deed of this case on the basis of the claim amount, on the ground that the Plaintiff failed to repay the principal amount of KRW 850,000 and interest KRW 2,957,700,000 among the above borrowed money, and filed an application for a seizure and collection order concerning the Plaintiff’s claims against the notarial deed of this case. On April 30, 2015, the Defendant received a seizure and collection order (Tgu District Court Port Branch Branch Branch 2015TT 2005).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s loan of this case is the so-called number of days of loan, and the Plaintiff borrowed money and paid the remaining principal and interest to the Defendant’s employees on March 2007. Thus, the Defendant’s compulsory execution based on the instant notarial deed is unreasonable.

B. Unlike the Plaintiff’s assertion, there was no repayment of the entire loan, and as long as the Plaintiff’s partial loan principal and interest obligation against the Defendant still exists, compulsory execution based on the instant authentic deed is lawful.

3. Determination

A. In a lawsuit of demurrer, the burden of proof as to the grounds for objection is also in accordance with the principle of allocation of the burden of proof in general civil procedure. Therefore, in the case where the plaintiff asserts that the claim was not constituted by the defendant in the lawsuit of demurrer, the defendant is liable to prove the cause of the claim, and the plaintiff's claim is null and void as a false declaration or extinguished as a result of repayment.