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Reasons
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(영문) 광주지방법원 2016.11.01 2015가단35718
청구이의
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1. Of the instant lawsuits, the original copy of the notarial deed No. 431, 2009 against the Defendant’s Plaintiff is a notarial deed against the Defendant.

Reasons

1. Basic facts

A. The Defendant: (a) paid KRW 15,000 per month to KRW 670,000 per month; and (b) added KRW 100,000 to KRW 770,00 after receiving the guidance money; (c) around 2008, the Plaintiff joined two units in the name of the Plaintiff and one unit in C’s name.

B. On October 10, 2008, the defendant lent KRW 9.6 million to the plaintiff upon the plaintiff's request that it lent KRW 10 million to the plaintiff.

C. The Defendant transferred KRW 8 million to the Plaintiff upon the Plaintiff’s request that it lent KRW 10 million on May 19, 2009.

(1) The Plaintiff and the Defendant, on September 30, 2009, drafted a notarial deed of money loan agreement (No. 431, 2009, hereinafter the above deed referred to as the “notarial deed of this case”) with the purport that the Plaintiff shall pay to the Defendant the amount of KRW 20 million up to September 30, 2009, and shall pay damages for delay calculated at a rate of 20% per annum for the unpaid principal (the above deed of this case is referred to as the “notarial deed of this case,” and the Defendant’s claim stated in the notarial deed of this case is referred to as the “instant bond”).

(No. 1, No. 5) and (No. 5).

The details of money that the Defendant remitted to the Plaintiff by May 19, 2009, the date of the execution of the notarial deed of this case, except the money remitted as above, are as follows.

Evidence of the amount on April 15, 200, Eul evidence of 200 won No. 1-2, Eul evidence of 660,000 won on April 16, 2008; Eul evidence of 2-2,00 won on April 16, 2008; Eul evidence of 7,495,000 won on April 17, 2008; Eul evidence of 2-2,220,000 won on May 22, 2008; evidence of 2-2,00 won on September 31, 2008; evidence of 2-2, 140,000 won on February 24, 2009; evidence No. 1214,515,00 won on the aggregate of evidence No. 1-214,500 won on April 16, 2008; evidence No. 21-2, subparagraph 1-2, 2-2, 500

2. In general, ex officio judgments are completed once a compulsory execution based on executive titles has been completed, and the creditor has already satisfied.

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