beta
Text
1. Of the instant lawsuit, the 2010 deed drawn up by the Defendant’s notary public against the Plaintiff on August 4, 2010, a law firm.
Reasons
1. Facts of recognition;
A. On August 4, 2010, the Plaintiff: (a) borrowed 40,659,000 won from the Defendant on January 1, 2010; (b) made installment payments of the principal amount of KRW 8,000,000 on August 30, 2010; (c) KRW 8,000,000 on September 20, 2010; (d) KRW 8,000,000 on October 5, 2010; and (e) made payment of KRW 16,659,00 on October 30, 201; and (e) made a notarial deed (hereinafter referred to as “notarial deed”) in which a notary public, who is a law firm, has no objection to compulsory execution.
B. As the Defendant did not receive KRW 12,049,000 from the Plaintiff, it applied for a collection order for the seizure and collection order of the claim to the Incheon District Court 2013TTT 10753 and received a decision to accept it on September 12, 2013.
C. On December 28, 2017, the Plaintiff deposited KRW 5,049,00 to the Defendant.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 11, the purport of the whole pleadings
2. The parties' assertion and judgment
A. On December 27, 2017, the Plaintiff asserted that KRW 12,049,000 should be reduced to KRW 5,049,000 on the Defendant’s debt owed by the notarial deed of this case, and then paid KRW 5,049,00 to the Defendant following the following day. As such, the Plaintiff’s debt owed to the Defendant based on the notarial deed of this case was entirely extinguished.
Therefore, compulsory execution based on the Notarial Deed of this case should not be permitted.
B. The Defendant’s assertion was paid KRW 5,049,00 from the Plaintiff on December 28, 2017 by the Plaintiff, but the remainder of KRW 7,000,000 is not exempted. Therefore, the Defendant’s obligation based on the instant notarial deed remains in KRW 7,00,000.
C. Determination 1 ex officio of the determination as to the legitimacy of a suit relating to KRW 33,659,000, the Defendant’s performance of which was performed, and in general, in a case where the obligee has already satisfied as a whole as a result of the completion of a compulsory execution based on the executive title, it shall be subject to a lawsuit of demurrer to the claim.