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1. A deed signed by C notary public D with the Defendant’s joint office with C notary public against the Plaintiff on August 26, 2015, No. 898 of 2015.
Reasons
1. The following facts may be acknowledged as either a dispute between the parties or in full view of Gap evidence No. 3, Eul evidence No. 2, and the whole purport of the pleadings.
E is delegated by the Plaintiff as the debtor and the joint and several sureties as the agent and the joint and several sureties, and the defendant, as the creditor, had D as a notary public D prepare a notarial deed containing the following contents (hereinafter referred to as “instant execution deed”).
Article 1 (Purpose) The creditor shall, on August 27, 2015, lend to the debtor with the intention to borrow the amount of KRW 23,000 (23,00,000) from the debtor, and the debtor shall borrow it.
Article 2 (Period and Method of Payment) The full repayment of the said debt shall be made not later than December 31, 2015.
Article 3 (Interest) Interest shall be 25% per annum, and shall be paid on the 30th of each month.
Article 9 (Recognition and Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized and recognized that there is no objection even if they are immediately subject to compulsory execution.
B. On August 27, 2016, the Defendant remitted KRW 18,200,000 to the Plaintiff’s account and lent it.
2. The plaintiff asserts that the plaintiff paid all obligations based on the execution certificate of this case to the defendant.
Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1, 1, and 5, the Plaintiff transferred to G on September 8, 2015, KRW 5,000,000, KRW 6,000 to H on September 11, 2015, KRW 7,000,000 to H on September 16, 2015, and KRW 540,950 to the Defendant on September 21, 2015, and all of the remitted funds received by the Defendant. According to these facts, the Plaintiff was 18,540,950 won in total to the Defendant until September 21, 2015, KRW 5,000, KRW 6,000,000, KRW 7,000, KRW 950 in total to the Defendant on September 20, 205, KRW 209 in this case’s execution amount to the Defendant on September 21, 2015.