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1. The Defendant’s debt repayment contract (Quasi-Loan for Consumption) No. 7370, No. 7370, in a notary public’s office against the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 20, 2014, the Plaintiff drafted a notarial deed of debt repayment contract No. 7370 of the 2014 deed (hereinafter “notarial deed of this case”) to the Defendant, on July 5, 2013, stating that “the Plaintiff borrowed KRW 100 million from creditor D, and KRW 50 million from the Defendant, and recognized that the Plaintiff did not pay up to the day, and that the Plaintiff did not pay interest and delay damages until February 28, 2015, by setting the rate of interest and delay damages as 25% per annum,” prepared a notarial deed of debt repayment contract No. 7370 of the 2014 deed (hereinafter “notarial deed of this case”).
B. Defendant and D, with the title of execution of the instant notarial deed as the title of execution, received the amount claimed by the Plaintiff as KRW 209,530,825 of this Court (“Defendant 69,885,273 ＋D 139,645,547) and KRW 135,924,098 of the claimed amount by this Court 2018TTT12424 (= Defendant 45,376,432 + D90,547,6666), and received a collection order for each seizure and collection of the loan claims held by the Plaintiff against E&N projects.
C. The Plaintiff’s creditor F, other than the Defendant and D, was issued a seizure and collection order worth KRW 50 million as claimed in this Court No. 2015T2389, on the grounds that the seizure of the E&D competition.
The court deposited KRW 375,315,067, which was gold 5846, pursuant to Article 248(1) of the Civil Procedure Act, in 2018, pursuant to Article 248(1) of the same Act, and the distribution court shall proceed with the distribution procedure on November 27, 2018, and distributed dividends to the defendant 109,417,469 won (=66,341,806 won (2015, 2015, 1625), plus 43,075,663 won (2018, 2018, 2018, 12424), and D [132,564,952 won (2015, 1625), +85,956,533 won (2018, 2018, 12424)].
Accordingly, the Plaintiff raised an objection to the amount distributed to the Defendant and D, and on December 3, 2018, the Plaintiff filed a lawsuit of demurrer against distribution with the court 2018Gahap1531. D.
On January 24, 2019, the Plaintiff, Defendant, and D agreed to the following contents:
(hereinafter “instant agreement”). The Plaintiff, Defendant, and D agree to KRW 375,315,067 deposited by the redevelopment and consolidation project association as follows:
The agreed amount of KRW 320 million (=Defendant 130 million + D 190 million + KRW 190 million).