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1. It is based on the original copy of the notarial deed No. 820, No. 820, No. 2014, written by the defendant against the plaintiff.
Reasons
1. Basic facts
A. On October 30, 2014, the Plaintiff: (a) borrowed KRW 40,000,000 from the Defendant at interest rate of KRW 25% per annum; and (b) written a notarized deed No. 820 of the 2014 No. 320, written by a notary public’s office (hereinafter “notarial deed”) on October 29, 2015.
B. The Plaintiff, instead of paying the borrowed money under the notarial deed of this case, was provided to the Defendant with laundry services equivalent to KRW 40,800,000 per month between November 30, 2014 and October 31, 2016.
C. On the other hand, on November 28, 2016, the Defendant filed an application for the seizure of corporeal movables with the Incheon District Court 2016No. 9034, designating the Plaintiff as the executive title of the instant notarized deed as the title of execution, and the Plaintiff filed the instant lawsuit corresponding thereto.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The Plaintiff asserted that the Plaintiff provided a laundry service equivalent to KRW 60,500,000 per month from October 2014 to September 24, 2016, in lieu of paying the borrowed money under the instant notarial deed, and the Plaintiff paid the full amount of the borrowed money to the Defendant, so compulsory execution under the instant notarial deed should be denied.
3. It is not sufficient to acknowledge that the Plaintiff provided laundry services equivalent to 2.5 million won per month to the Defendant in lieu of paying the borrowed money on the No. 2 (laundry Tax Invoice) only with the entries of laundry and No. 2 (laundry Tax Invoice). There is no other evidence to acknowledge otherwise.
Ultimately, the money to be paid by the Plaintiff to the Defendant according to the instant authentic deed shall be KRW 13,364,629 of the principal of the borrowed amount remaining after being appropriated in sequence in the interest and principal for 24 months each month, as shown in the attached list, as well as KRW 13,364,629 from November 1, 2016 to the date of full payment.