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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. Nonparty C, who is the Plaintiff, served in the entertainment tavern run by the Defendant, and Nonparty C, while bearing a large number of debts against the Defendant, filed a complaint against Nonparty C in the crime of embezzlement.
B. On June 30, 2007, the Plaintiff and the Defendant set the due date for reimbursement of KRW 20,000,000 as 60% per annum on June 30, 2007, respectively, and drafted a notarial deed of a monetary loan agreement with the Defendant as the No. 1008 of 2004.
(hereinafter referred to as “instant authentic deed”). C.
The defendant, with the title of execution of the Notarial Deed of this case, was issued with the Busan District Court Order 2014TTTTT1337 as to the deposit claim against the non-party corporation Busan District Court, Busan District Court Order 2014TTTTT137, on the ground that the sum of 65,114,901 won, including the principal and 30% interest, delay damages, execution expenses, etc. calculated annually from July 1, 2007 to December 23, 2014, as the claim amount.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, witness C's testimony, purport of whole pleadings
2. Determination on the cause of the claim
A. The debt under the notarial deed of this case is the principal debt of the non-party C, and since the debt of the non-party C was fully repaid and extinguished, it is alleged that the debt under the notarial deed of this case was extinguished. Thus, the plaintiff's assertion is not sufficient to accept it, and there is no other evidence to acknowledge it.
B. The Plaintiff asserted to the effect that all obligations under the instant No. 4 were repaid, so it is acknowledged that 7.5 million won was deposited at the Defendant’s bank account from May 21, 2005 to December 11, 2005, but the Plaintiff also recognized that the bank account under the Plaintiff’s name was used by Nonparty C, who was in a bad credit position at the time, and the details of transactions are the details of Nonparty C’s transaction.