1. The Defendant’s notary public against the Plaintiff has the executory power of No. 65, 2017, which is a law firm set-off certificate.

1. Basic facts

A. On June 28, 2017, the Plaintiff’s husband C borrowed KRW 15,00,000 from the Defendant.

B. On June 28, 2017, the Plaintiff issued to the Defendant one promissory note with a face value of KRW 20,000,000, and the due date as of July 10, 2017. When delay in the payment of a promissory note, the Plaintiff prepared and issued a notarial deed stating the purport of recognizing that there is no objection even if it is immediately subject to compulsory execution (hereinafter “notarial deed of this case”).

C. On September 11, 2017, the Defendant filed an application for a compulsory auction on the Plaintiff’s real estate as Seoul Central District Court D with the title of execution for the instant notarial deed, and started the auction procedure on September 21, 2017.

On January 22, 2018, the Plaintiff was decided to suspend compulsory execution based on the instant authentic deed by Seoul Central District Court 2018Kadan3009, until the instant judgment is pronounced.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) On June 28, 2017, the Plaintiff’s husband, prepared and executed the instant notarial deed to the Defendant for C, who is the Plaintiff’s husband. However, since C’s actual obligation secured by the instant notarial deed was not more than 15,00,000 won and C fully repaid KRW 15,000,000 borrowed from the Defendant, C is entitled to refuse compulsory execution based on the instant notarial deed. 2) The Defendant loaned KRW 20,000,000 to C on June 28, 2017, the Defendant loaned KRW 15,00,000 to C, which was the wife, to guarantee payment of KRW 20,000,000.

However, since only KRW 10,000,000 has not been repaid from C, there still remains a debt of KRW 10,000,000.

B. As long as the conclusion of the judgment document is recognized as authentic, the court shall enter it in the disposition document, unless there is any clear and acceptable counter-proof evidence that denies the contents of the statement.