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1. Of the judgment of the court of first instance, a notary public is a monetary loan agreement No. 240 on September 4, 2017 prepared by Law Firm E on September 4, 2017.
Reasons
1. Basic facts
A. The Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) borrowed money from the Defendant without fixing interest and delay damages as follows, and, in the event that the Defendant did not perform his monetary obligations, the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) prepared four copies of notarial deeds in a monetary loan agreement to the effect that no objection is raised
(hereinafter referred to as “notarial deeds of No. 217, 218, 239, and 240” in sequence in accordance with the deed number. The amount of a notarial deed of a loan for consumption under Chapter IV is KRW 217, 218, 239, and 240 on August 9, 2017, a joint and several surety whose amount of a loan on the date of lending the certificate number was due, as of June 1, 2017, No. 217, 200,000 on August 31, 2017, No. 2018, Sept. 1, 2016; Plaintiff 200,000 won on September 30, 2017, Plaintiff No. 106, Jun. 1, 2016; 2017, Plaintiff No. 2017, Sep. 4, 2017;
B. The Plaintiff Company paid the Defendant KRW 20 million on September 15, 2017, and KRW 30 million on September 27, 2017, respectively.
[Ground of recognition] Unsatisfy, Gap evidence 4, 6, Eul evidence 1 (including a tentative number), the purport of the whole pleadings
2. In the first instance trial, the Plaintiffs requested the Defendant to refuse compulsory execution based on the notarial deeds No. 217, 218 against the Plaintiff Company, No. 239, 240 against the Defendant’s Plaintiffs.
The first instance court concluded that any claim based on the No. 217 and 218 was extinguished by preparing the No. 239 and 240 deed in accordance with the agreement between the plaintiff company and the defendant, and that 30 million won among the claims based on the No. 239 and the claims based on the No. 240 deed was based on the above basic facts.
According to the judgment of the court below, the plaintiffs' claims for non-performance of compulsory execution based on the No. 217, 218, 239 among the above plaintiffs' claims were entirely accepted, and the claims for non-performance of compulsory execution based on the No. 240's No. 240 exceed KRW 20 million were accepted.
The first instance court, below, shall be the same.