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1. The defendant's notary public against the plaintiff was the 2009 deed drawn up on May 25, 2009 at the Daegu General Law Office.
Reasons
1. Basic facts
A. On May 25, 2009, the Plaintiff prepared a notarial deed of debt repayment contract No. 732 of the 2009 General Law Office No. 732 of Daegu General Law Office with the purport that the Defendant, on March 20, 2005, lent 35 million won to the Plaintiff at an annual interest rate of 49% on April 20, 2009.
(hereinafter referred to as “notarial deed No. 1 of this case”). (b)
On May 8, 2015, the Defendant applied for a compulsory auction of real estate to Daegu District Court Branch C with the notarial deed No. 1 of this case, and received a decision to commence the compulsory auction of real estate from the above court on May 8, 2015. The Defendant applied for a seizure and collection order of the said court under the 2015TTT3484, and received a collection order from the above court on May 13, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. 1) The Defendant’s debt under the Plaintiff’s No. 1’s No. 1’s notarial deed is a loan obligation against the Defendant. Since D transfers total amount of KRW 263,363,910 in the name of the Plaintiff and E, and fully repays the Defendant’s debt under the No. 1’s notarial deed, compulsory execution against the Defendant’s Plaintiff should be denied. 2) The Defendant’s repayment amount was appropriated for the interest on the money borrowed between the instant No. 1’s notarial deed and the subsequent notarial deed, there is still a loan obligation under the 1’s notarial deed.
B. Determination 1) The following facts can be acknowledged in light of the overall purport of the arguments in the statements in Articles 4, 8, and 3, 6, 8, and 9, and there is no other counter-proof evidence. ① The Defendant lent to D the sum of KRW 46 million from July 1, 2008 to February 17, 2009, and paid KRW 13 million to the Plaintiff, who was the former wife of D on May 25, 2009, and paid the remainder of KRW 33,00 won (= KRW 46 million - KRW 13,000,000,000,000 won), and the principal amount shall be KRW 35,50,000,000,000,000, and the principal amount shall be the Plaintiff, and the principal obligor shall be the Plaintiff.