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1. As to the plaintiff of the defendant, ① A notary public is based on the notarial deed No. 1453 of the joint law office of Gun/U.S., 2011.
Reasons
1. Facts of recognition;
A. On September 27, 2013, the Defendant filed two authentic deeds with the title of execution, and filed an application for compulsory execution of movable property with the Plaintiff as the debtor.
1) On September 26, 2011, a notary public of the Military Joint Law Office No. 1453: Amounting to KRW 500,000,000 due date, KRW 500,000, annual interest rate of September 29, 2013, annual interest rate of 22% (payment on the fifth day of interest each month), and damages for delay shall be 20% per annum on the principal or interest delayed (hereinafter “the first notarial deed”).
(2) On December 7, 2011, 2011, a notary public of the Military Joint Law Office No. 1843: Amounting to KRW 200,000,000 due date, interest rate of December 7, 2013, interest rate of 22% per annum (payment on the seventh day of interest each month), and damages for delay shall be 22% per annum on the delayed principal or interest (hereinafter “the second notarial deed of this case”).
B. On October 11, 2013, the Plaintiff deposited two deposits in this Court as follows:
1) No. 3286 in 2013, the amount of KRW 300 million, the Defendant or C (hereinafter “instant primary deposit”)
A) The summary of the cause of deposit: C filed a lawsuit against the Plaintiff seeking payment of KRW 700 million (Korean Government District Court 2013Gahap391). C filed a lawsuit against the Plaintiff, etc. on April 30, 2014, including the amount of KRW 300 million, and received a judgment in favor of the Plaintiff, etc., and the both parties appealed, and is currently pending in the appellate trial. Of the above money, KRW 300 million, as the Defendant jointly invested in the Plaintiff via C, the Plaintiff is entitled to pay KRW 300 million to the Defendant, and the instant deposit was prepared with the notarial deed as prescribed in paragraph (a). The instant second deposit is deemed to be for the repayment of the notarial deed as the first notarial deed and the first notarial deed [including evidence 2, 44 (Ga number)]. Therefore, Article 878 of the Civil Act cannot be known to the Plaintiff’s obligee who filed a lawsuit for compulsory execution without any negligence among the Plaintiff’s creditors.