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1. Certificate No. 111 of September 4, 2017 drawn up by the Defendant’s notary public against the Plaintiff is no. C, Law Firm C. 111.
Reasons
1. Basic facts
A. On September 4, 2017, No. 1111, a notary public drafted a notarial deed of a monetary loan agreement with the following content as the C Deed No. 2017:
(hereinafter referred to as "notarial deed of this case". The debtor: D representative director E representative director E representative director E representative director: The creditor of the plaintiff: The loan on July 12, 2017: The loan on July 12, 2017: The loan amount of KRW 120 million: The interest on August 12, 2017: 25% per annum.
B. On July 12, 2017, the Defendant remitted KRW 90 million to the Plaintiff. The Plaintiff transferred KRW 1530,000 to the Defendant on July 12, 2017, and the same year to the Defendant.
9.19.90,041,000 won was remitted respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 7, Eul evidence 5, the purport of the whole pleadings
2. The assertion and judgment
A. On July 12, 2017, the Plaintiff’s assertion was made in the form of borrowing KRW 120 million from the Defendant that the Plaintiff borrowed KRW 90 million from the Defendant and stated an amount equivalent to 120% of the actual loan amount on the Notarial Deed. The Plaintiff’s assertion was made in the form of borrowing KRW 120 million from the Defendant’s end that the Plaintiff borrowed KRW 90,000 from the Defendant, and the Plaintiff paid interest KRW 1.5 million to the Defendant.
9. 19. Payment of the remainder of the principal and interest of the loan amounting to KRW 90,041,00 has been made in full.
Therefore, compulsory execution based on the Notarial Deed of this case should not be permitted.
B. In full view of the following circumstances, it is reasonable to view that the loan on the Notarial Deed of this case is KRW 120 million, taking into account the evidence as seen earlier prior to the determination of the issues and the respective statements in Nos. 1 through 4 as seen above, including the purport of the entire pleadings.
① Since a notarial deed for a loan for consumption itself is a disposal document proving the existence of a claim, barring any special circumstance, the Defendant, the creditor, bears the burden of proof for the absence or extinguishment of a claim stated in the notarial deed, barring any special circumstance.