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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant are both corporations operating the mutual aid business, and A concluded a business contract with the Defendant from August 30, 2013 to recruit the Defendant’s superior members and receive allowances.
B. On January 27, 2014, A recognized that the Plaintiff bears the obligation of KRW 60,000,000,000, and agreed to pay to the Plaintiff in installments each of the total amount of KRW 30,000,000 on March 25, 2014 and April 25, 2014, and to pay damages for delay calculated at the rate of 20% per annum from loss of benefit of time and delay of payment. On the same day, A, along with the Plaintiff on the same day, drafted an authentic deed of a loan for consumption (quasi-notarial deed) agreement with the content that the Plaintiff did not raise any objection if the said obligation was not performed immediately under Article 578 of the deed prepared by a notary public office.
C. On April 15, 2014, based on the instant notarial deed, the Plaintiff: (a) applied for the attachment and collection order of the claim to the Defendant as the District Court Decision 2014TTTG 2014T 7103; and (b) received the decision of acceptance on April 11, 2014 (hereinafter “the instant collection order”); (c) based on the instant notarial deed, the Plaintiff served the Defendant on April 15, 2014.
On the other hand, A and B, on July 1, 2014, issued and delivered to the Defendant a promissory note with a face value of KRW 300,000,000, issue date, sight payment, payment place, and each place of payment, respectively (hereinafter “instant promissory note”). A and B, around July 10, 2014, a notary public, together with the Defendant, drafted a notarial deed recognizing that there is no objection even if they are immediately subject to compulsory execution (hereinafter “notarial deed of this case”).
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4, and Eul No. 1, the purport of the whole pleadings
2. Determination as to the claim for collection based on the collection order of this case is made.