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1. The Defendant’s certificate of the CGeneral Law Office against the Plaintiff (Appointed Party) and the Appointor No. 596, 2013.
Reasons
1. Basic facts
A. On July 31, 2013, the Plaintiff (Appointeds) and the Appointeds (hereinafter “Plaintiffs”) borrowed KRW 100,000,000 from the Defendant, and entered into a monetary loan agreement with the Defendant with the content that the rate of interest and delay damages is 30% per annum, the due date for payment, and January 30, 2014. The CGeneral Law Office written the Notarial Deed as stated in paragraph (1) of the Disposition (hereinafter “Notarial Deed”).
B. The Plaintiffs paid KRW 67,460,000 in total to the Defendant on each date indicated in the calculation table of the amount appropriated in the separate sheet as “payment date.”
[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, and whole purport of pleading
2. The Plaintiffs asserts that compulsory execution based on the instant authentic deed should not exceed the above amount, on the ground that the Plaintiffs’ total amount of KRW 67,460,000 paid to the Defendant and the remainder of the principal and interest obligation until October 20, 2015 KRW 85,439,337.
On the other hand, if there is no agreement between the plaintiffs and the defendant on the method of appropriation of appropriation, the amount remaining after first appropriation of interest and delay damages pursuant to Article 479 of the Civil Code should be appropriated for the principal, and according to the above legal provisions, the appropriation of appropriation will be made as stated in the calculation table of appropriation amount.
Therefore, the plaintiffs' obligations based on the notarial deed of this case remain at the rate of 30% per annum from March 25, 2015 to the date of full payment, as to the principal amounting to KRW 75,65,262 (=the principal amounting to KRW 7,171,649) and the principal amounting to KRW 75,65,262).
3. If so, the defendant's compulsory execution based on the notarial deed of this case against the plaintiffs should be dismissed only for the portion exceeding 30% per annum from March 25, 2015 to the date of full payment, since compulsory execution based on the notarial deed of this case against the plaintiffs and KRW 82,826,91 among these amounts, and KRW 75,65,262 from March 25, 2015 to the date of full payment. Thus, the plaintiffs' objection.