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광주지방법원 2019.04.10 2018가단505690
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 25, 2014, the Plaintiff prepared a notarial deed with the content of recognizing compulsory execution (No. 459, 2017, No. 2017, No. 459, hereinafter “instant notarial deed”) at the time of delay in payment of promissory notes dated April 25, 2015 with respect to the addressee, face value 12.4 million won, and due date, and delivered it to the Defendant.

B. On April 25, 2014, the Plaintiff transferred KRW 160,00,00 to the Defendant’s account, KRW 450,000 on October 31, 2014, KRW 250,000 on December 31, 2014, KRW 200,000 on April 29, 2015, KRW 27,000 on August 27, 2015, KRW 50,000 on February 23, 2016, KRW 300,00 on March 8, 2016, and KRW 480,00 on March 18, 2016, respectively.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. The party's assertion and judgment

A. On April 25, 2014, the Plaintiff prepared the said notarial deed to secure the payment of KRW 6,80,000,000 after deducting advance interest and KRW 2,000 from the Defendant, and accordingly, the Plaintiff asserts that the Defendant’s obligation to the Defendant is KRW 6,80,000,000 for the Defendant, and that, thereafter, the compulsory execution based on the said notarial deed should be denied, since the Plaintiff remitted the total amount of KRW 7,440,00 ( KRW 4,50,000,00 KRW 2,50,000 KRW 2,50,000) to the Defendant to fully repay the said obligation.

As to this, the Defendant: (a) confirmed that there was a monetary obligation relationship of KRW 12,40,000,000 with the Defendant’s claim against the Plaintiff up to the time of the transfer to the Plaintiff’s account in the name of the Plaintiff on April 9, 2014; (b) KRW 185,00,000,00 remitted to each Plaintiff’s account on April 25, 2014; (c) KRW 6,80,000,000,000,000,000,000,000 won, which was remitted from the Plaintiff on August 27, 2015; and (d) KRW 3,00,000,000,000,000 from the Plaintiff’s account on March 8, 2016; and (e) the remainder was transferred to the Plaintiff’s insurance premium; and (e) did not have been paid for the repayment of the said obligation.

(b) Murder, 1.0