1. Certificates No. 84, 2017, drawn up by the Defendant’s notary public against the Plaintiff on January 12, 2017.

1. On January 12, 2017, the Plaintiff and the Defendant entrusted a notary public with the preparation of a notarial deed stating that “The Defendant shall lend KRW 100 million to the Plaintiff on January 12, 2017 without interest. The Plaintiff shall repay 60,000 won to the Defendant on the 15th day of each month from January 2018 to December 12, 2022, and shall reimburse KRW 4 million on January 15, 2023. If the Plaintiff fails to perform his/her obligation under the said contract, he/she shall immediately be subject to compulsory execution.”

No. 84, 2017, a notary public drawn up a notarial deed of a monetary loan agreement for consumption (hereinafter referred to as “notarial deed of this case”) to the same effect as the deed.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Although a notarial deed does not have res judicata unlike a final and conclusive judgment, in cases where an executive title is a notarial deed, the grounds for failure, invalidation, etc. of the claim mentioned therein may be asserted in the lawsuit of objection against the said notarial deed. In such a lawsuit of objection, the burden of proof as to the grounds for objection to the claim shall be in accordance with the principle of allocation of burden of proof in general civil procedure.

Therefore, if the plaintiff asserts that the claim was not constituted by the defendant in a lawsuit claiming objection against a notarial deed, the defendant is liable to prove the cause of the claim.

On the other hand, as long as the authenticity of a disposal document is recognized, the court should recognize the existence and contents of the declaration of intent as stated in the contents, unless there is any clear and acceptable counter-proof to deny the contents of the document.

(See Supreme Court Decision 93Da5456 delivered on October 11, 1994). In addition, when a monetary loan contract is concluded, only the creditor actually pays the money, the creditor has the right to claim the return of the loan against the debtor.

The plaintiff and the defendant are written in the notarial deed of this case.