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1. The defendant's compulsory execution against the plaintiff in Busan District Court Decision 2007Kadan119612 is enforced based on the ruling of the promissory note case.
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1-5, Eul evidence Nos. 1-3 and 1-3.
On January 24, 2005, the Plaintiff drafted a certificate of borrowing that the Plaintiff had the Defendant repay KRW 35 million by January 31, 2005.
Upon C’s request, the Defendant made a discount on a promissory note with a face value of KRW 35 million on October 20, 2004, the date of payment, and the date of payment on January 5, 2005, and the refusal of payment was made on the date of payment but on the ground of non-transaction.
Upon the Defendant’s filing a claim for the payment of the above amount with C, on January 24, 2005, the Plaintiff, the wife of C, prepared a loan certificate to the Defendant that he would pay 35 million won by January 31, 2005, and paid 5 million won among them.
B. For the following reasons, the Defendant filed a lawsuit claiming the amount of promissory notes with Busan District Court Decision 2007Gadan119612 against the Plaintiff.
C. On November 22, 2007, the above court rendered a judgment with the purport that "the plaintiff shall pay to the defendant 30 million won and interest at the rate of 20% per annum from November 1, 2007 to the date of full payment" (hereinafter "the judgment of this case"), which became final and conclusive.
On March 10, 2008, the Plaintiff drafted a letter of payment (hereinafter “instant letter of payment”) with respect to the Defendant’s obligation under the instant judgment as follows:
The plaintiff asserted that the plaintiff made the letter of payment of this case by coercion by the defendant, but there is no evidence to acknowledge it, and it does not mean that "A shall transfer 200,000 won to B at the interest rate of 30,000 won on March 30, 2008.
In the event of this matter, I will comply with all measures with the thickness of B President.
I would like to indicate the identity in the principal after the vehicle.
The plaintiff.