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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. Basic facts
A. The Plaintiff lent money to D from around 2006 to the Plaintiff. At the time of the establishment of the following distribution schedule, the Plaintiff’s claim amount against D was KRW 52,147,741 in total. 2) The Plaintiff received the order of seizure and assignment of the claim against D with respect to the benefit claim against D, Busan Metropolitan City as KRW 1,734 in this Court No. 2006, 2014, 2014, 28098 in this Court.
B. Around March 8, 2011, the Defendant lent KRW 30 million to D with a loan certificate (such as the drawing up of a loan bond, loan certificate, and notarial deed) written in D with “30 million won in principal, interest rate of KRW 2% in each month, and February 1, 2014 at the due date.” When the Defendant and D fail to repay the above loan debt, they entrusted D with the preparation of a notarial deed of a monetary loan agreement containing an expression of absence of objection even if they are immediately subject to compulsory execution. Accordingly, on April 19, 2011, the notarial deed of a monetary loan agreement (No. 10-1, No. 1068) (hereinafter referred to as “notarial deed No. 1”).
(2) Around April 8, 2011, the Defendant lent D a loan of KRW 30 million to D, and received a certificate of loan (No. 2-1) written from D with "30 million principal, interest rate 2%, and February 7, 2014 on the date of maturity for payment." When the Defendant and D fail to repay the said loan debt, they entrusted D with the preparation of a notarial deed of a monetary loan contract containing an expression of intent not to object even if they are immediately subject to compulsory execution, and accordingly, on April 19, 2011, when the above loan debt is not repaid under No. 1069 of the E Office Deed of Notary Office as of April 19, 2011, a notarial deed of a monetary loan contract containing an expression of intent not to object even if compulsory execution was carried out (No. 10-2 and No. 2 of this case).
3. The defendant shall be on December 201.