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1. The Defendant’s notary public against the Plaintiff, No. 1180, Sept. 17, 2014, No. 2014.
Reasons
1. According to the statement in Gap evidence No. 1 of the basic facts, it is recognized that on September 17, 2014, the plaintiff borrowed KRW 13,600,000 from the defendant from the defendant as of October 25, 2015, with a rate of delay damage rate of 20% per annum without a interest agreement, and the plaintiff prepared a notarial deed of money loan contract (No. 1180, 2014, No. 1180, 201, hereinafter referred to as the "notarial deed of this case") that recognizes compulsory execution.
2. The parties' assertion
A. After the Plaintiff’s assertion was made, from October 8, 2014 to October 26, 2015, the Plaintiff remitted KRW 16,335,580 in total to the Defendant’s mother C account, etc., and paid KRW 90,870 in excess of the obligation based on the instant notarial deed by paying KRW 1,298,70, such as the Defendant’s vehicle premium registration fee, and the Defendant’s vehicle registration fee, etc., so compulsory execution based on the instant notarial deed shall be denied.
B. The Defendant’s assertion: (a) separately from loans based on the instant notarial deed after the preparation of the instant notarial deed, the Defendant additionally lent KRW 16,200,000 to the Plaintiff from October 1, 2014 to March 10, 2015; (b) returned KRW 16,60,000 in total from October 8, 2014 to October 26, 2015; and (c) received a refund of KRW 16,60,000 from the Plaintiff; and (d) the amount repaid out of loans based on the instant notarial deed, other than the said additional money transaction, is limited to KRW 400,00.
3. The evidence alone presented by the Plaintiff is insufficient to acknowledge that the obligation based on the instant notarial deed was fully repaid in light of the following factors: (a) the judgment was based on the case; and (b) there is no other evidence to acknowledge the obligation.
However, since the Defendant was paid 400,000 won out of loans 13,600,000 won based on the instant notarial deed, the Plaintiff’s obligation based on the instant notarial deed remains at the rate of 20% per annum, which is the agreement from October 26, 2015 to the date of full payment.