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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff operated a branch office of an insurance company, and the Defendant was an insurance solicitor of a branch office of an insurance company operated by the Plaintiff.
B. On September 11, 2015, the Plaintiff borrowed KRW 20,000,000 from the Defendant (hereinafter “instant loan”); and on September 14, 2015, the Plaintiff issued to the Defendant a certificate of loan to repay the instant loan by December 27, 2015.
§ 1. The obligor agrees to authorize the obligee to assume the obligation under this Agreement and to perform the obligation under this Agreement, and the obligee has approved this.
1. Date on which a debt occurs: On September 1, 2015, the kind of debt borrowed;
1. Debt amount: The repayment shall be made not later than June 30, 2016, when the period of repayment under Article 2 (Period and Method of Repayment) has expired;
(Method of Payment) A lump sum payment shall be made on the monthly basis at the rate of 25 per annum of Article 3 (Interest).
Article 4 (Place of Performance) The place of performance of the obligation shall be the address of the obligee.
Article 5 (Compensation for Delay) When the debtor delays the repayment of the above amount, damages for delay shall be paid to the creditor at the rate of 25% per annum to the delayed amount.
Article 6, 7, and 8 omitted, Article 9 (Recognition and Recognition of Compulsory Execution) In the event an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized and admitted that there is no objection even if they are immediately subject to compulsory execution.
C. On May 2, 2016, between the Plaintiff and the Defendant, the Plaintiff as the obligor, and the Defendant as the obligee, a notary public, who signed a debt repayment contract notarial deed (hereinafter “notarial deed of this case”) with the content as set forth below, No. 372 of the 2016 North Korea Japan Deed as the obligee.
The defendant applied for the seizure and collection order as to the claim against the plaintiff's meta Co., Ltd. as the claim for the remaining amount of KRW 7,571,00, and interest and execution expenses related thereto. On July 18, 2016, the defendant applied for the seizure and collection order as to the claim against the defendant.