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Reasons
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(영문) 청주지방법원 2016.08.11 2015가단11489
청구이의
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1. The defendant's notary public C belonging to the Cheongju District Prosecutors' Office against the plaintiff was prepared on September 29, 2006, No. 2835, 2006.

Reasons

1. Facts of recognition;

A. A. Around September 16, 2010, the Plaintiff and D were married by agreement around September 16, 2010, and D borrowed KRW 30 million from the Defendant, but failed to pay it properly.

B. On September 23, 2006, D drafted a letter of payment with a loan of KRW 26 million to the Defendant not later than October 30, 2006, and at the time the Plaintiff was jointly and severally and severally suretyed by the Plaintiff, and on September 29, 2006, written to the Defendant the No. 1 Deed (hereinafter “No. 1 Deed”).

C. However, even after D did not repay the above borrowed money to the Defendant, and the Defendant urged the Plaintiff to repay the said debt by attaching halog car owned by the Plaintiff based on the 1st deed of this case.

Accordingly, on July 17, 2009, the Plaintiff repaid the Defendant KRW 15 million. D.

On July 17, 2009, the defendant, at the same time, prepared a letter of payment stating that the balance of 15 million won in borrowed money shall be repaid by December 30, 2009 with F Co., Ltd. as debtor, a notary public, at the same date, prepared a notarial deed by 2009 and 2269 (hereinafter “notarial deed 2”), and was also transferred the possession of D-owned GM520 automobiles.

E. On the other hand, on June 12, 2015, the Defendant applied for a collection order for the seizure and collection of the claim to the Plaintiff on the ground that the Plaintiff owns the claim of KRW 15 million based on the No. 1 Deed of this case, and received the decision of the acceptance on June 15, 2015.

[Ground of recognition] Evidence Nos. 1 through 5, Evidence No. 9, Evidence No. 10, Evidence No. 10, Witness D's testimony, the purport of the whole pleadings

2. The parties' assertion

A. On July 17, 2009, the Plaintiff’s assertion that the Defendant repaid the Plaintiff KRW 15 million to the Plaintiff shall withdraw compulsory execution for the said car, and the Plaintiff paid KRW 15 million to the Defendant on July 17, 2009 on the condition that the joint and several guarantee contract with the Plaintiff is terminated, and accordingly, the payment note drafted on that day.

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