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1. The Defendant’s notary public against the Plaintiff is based on the authentic deed No. 24, 2013, drawn up by C, January 14, 2013.
Reasons
1. Basic facts
A. On January 14, 2013, the Plaintiff drafted a notarial deed of a monetary loan agreement (No. 24, 2013, hereinafter “notarial deed”) with the Defendant as of June 30, 2013, stating that the loan amount of KRW 80,000,000, and due date was due.
B. From the lawsuit claiming damages, etc. between the Plaintiff and the Defendant, on June 8, 2017: “The Plaintiff shall be paid KRW 65,000,000 to the Defendant, and KRW 60,000,000 shall be paid until July 15, 2017; and KRW 5,000,000 shall be paid each until October 31, 2017. If the Plaintiff delays the payment of the said money at one time, the payment shall lose the benefit of the due date; and if the Plaintiff delays the payment of the said money, the remainder and the damages for delay shall be paid at the rate of KRW 15% per annum from the date of delay to the date of full payment. The Defendant received the said KRW 60,000,000 from the Plaintiff and at the same time a conciliation was concluded that the notarial deed of this case shall be returned to the Plaintiff (hereinafter referred to as “instant conciliation”); and the Plaintiff did not perform its obligation under the above conciliation period.
C. On the basis of the instant notarial deed, the Defendant filed an application for the auction of corporeal movables (hereinafter “instant auction procedure”). On May 24, 2018, the Defendant received a successful bid of KRW 80,000 on May 24, 2018, the remainder of KRW 78,117,250, excluding KRW 1,882,750, out of the proceeds of sale, was treated as offset against the Defendant’s amount of claims against the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, and 5, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s claim was made through the instant auction procedure, and the Defendant was repaid in excess of KRW 6,639,041.
Therefore, compulsory execution based on the notarial deed of this case shall not be permitted, and the defendant shall be unjust enrichment of KRW 6,639,041 to the plaintiff.