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In the lawsuit of this case, a notary public against the plaintiffs of this case prepared on January 21, 2015 by D, Law Firm D.
Reasons
1. Basic facts
A. On January 21, 2015, the Plaintiffs, E, and the Defendant leased KRW 300,000,000 to the Plaintiffs and E on January 26, 2015, with a maturity of KRW 10% per annum, on January 26, 2015. If the Plaintiffs and E delay in the repayment of principal or interest, they shall pay damages for delay plus 25% per annum, and if they fail to perform the said monetary obligation, they shall be aware that there is no objection even if they are immediately subject to compulsory execution. “Notarial Deed of the Monetary Loan Agreement (hereinafter “Notarial Deed”).
B. On September 18, 2017, Plaintiffs and E filed a lawsuit against the Defendant seeking non-permission of compulsory execution based on the instant notarial deed (hereinafter “instant prior lawsuit”).
The Plaintiffs asserted in the preceding lawsuit that “F Co., Ltd. repaid the Defendant a total of KRW 370,000,000 on several occasions from February 4, 2015 to July 22, 2016, and E repaid a total of KRW 4,00,000 to the Defendant on May 16, 2017 and July 31, 2017, the Plaintiffs asserted that “The obligations of both the Plaintiffs and E based on the instant authentic deed were extinguished,” and the first instance court of the instant case rendered a judgment dismissing all the claims of the Plaintiffs and E on July 12, 2018.
[The Ansan District Court 2017Gaz. 1049, 9760(consolidated)] c.
The plaintiffs appealed against the above judgment, and the argument of the appellate court was terminated on April 5, 2019, and the appellate court rendered a judgment on May 10, 2019 that "the compulsory execution based on the instant notarial deed shall not be permitted only to the part exceeding the amount calculated by the rate of 25% per annum from March 7, 2015 to the date of full payment" with the purport that "the compulsory execution based on the instant notarial deed exceeds 300,024,028 won and 300,000,000,000 won, whichever is above the rate of 25% per annum from March 7, 2015 to the date of full payment."
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, as a whole, and all pleadings.