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No. 116 of the notarial deed No. 2020, No. 116 of the defendant's office against the plaintiff was enforced.
Reasons
1. Facts of recognition;
A. On December 19, 2019, the Defendant set the due date of repayment of KRW 60 million to the Plaintiff as February 19, 2020 and lent it to the Plaintiff.
B. On February 12, 2020, the Plaintiff issued a promissory note stating that “the Plaintiff, the Plaintiff, the Defendant, and the face value KRW 60,000,000,000,000 as of February 12, 2020.” On February 12, 2020, the Plaintiff drafted an authentic deed No. 116, No. 2020,00,00 in a notary public’s office (hereinafter “notarial deed of this case”) with the content that “if the payment of the promissory note is delayed to the holder of the said promissory note, no objection is raised even if it is being enforced immediately.”
C. The Plaintiff did not repay the loan, and the Defendant, as a claim bond, conducted the auction procedure with respect to the real estate owned by the Plaintiff as Daejeon District Court D, which received a compulsory auction decision. D.
On April 17, 2020, the Plaintiff deposited KRW 60 million in the notarial deed as Daejeon District Court No. 2459 in 2020.
E. The execution cost of the above auction case is KRW 1,785,542, and the plaintiff remitted each of the remaining KRW 1,631,00 on July 15, 2020 to the defendant and KRW 154,542 on August 10, 2020.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, 8, Eul evidence Nos. 1 through 7 (including paper numbers), the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the plaintiff paid to the defendant all compulsory execution expenses based on the above notarial deed and KRW 60 million based on the notarial deed of this case.
B. As to this, the Defendant asserts that since the Defendant loaned KRW 60 million to the Plaintiff at an interest rate of KRW 1% per month, it should additionally pay interest of KRW 2,564,383 collected KRW 60 million until April 27, 2020.
According to the statement in Eul evidence No. 8, on January 21, 2020, the plaintiff interest 1% per month from December 19, 2019 to the repayment date, "the defendant on December 21, 2020."