1. The Defendant’s notary public against the Plaintiff, No. 722, August 1, 2016, drafted on August 1, 2016.

1. On August 1, 2016, the Plaintiff and the Defendant: “The Plaintiff shall pay KRW 18,00,000 to the Defendant; KRW 9,00,000 to the remainder 9,000,000 until December 31, 2016, respectively, shall be paid in installments until June 30, 2017. If the Plaintiff delays the payment of the installment, the Plaintiff shall pay damages for delay at a rate of 20% per annum. The Plaintiff shall pay damages for delay at a rate of 20% per annum. If the Plaintiff delays the payment of the installment at once, a notary public shall, without any other notice or peremptory notice, naturally lose the benefit due to the loan obligation and immediately repay the remainder of the debt.”

By December 31, 2016, the Plaintiff lost the benefit of time by failing to pay the Defendant KRW 9,000,000 on the instant notarial deed.

On May 23, 2018, the Defendant received KRW 22,570,430,00 from Daegu District Court Port E, which is the distribution procedure for D deposit money, after deducting the expenses. The Defendant received KRW 22,570,430 from July 25, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 16 to 19, the purport of the whole pleadings

2. The plaintiff's assertion that the plaintiff has previously paid to the defendant F's debt amounting to KRW 35,000,000 on behalf of the defendant, and that the defendant did not return KRW 35,000,000 that the plaintiff paid to F in duplicate even though F had been paid in duplicate by F, so compulsory execution based on the Notarial Deed of this case should be denied.

3. Determination

A. The facts that the evidence of the Plaintiff’s submission alone paid KRW 35,00,000 to the Defendant on behalf of F on behalf of F, and that the Defendant received KRW 35,00,000 from F on behalf of F, and that the instant notarial deed was issued by the Defendant.