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1. The defendant's notary public against the plaintiff was a law firm No. 547, February 15, 201, in writing, No. 547.
Reasons
Facts of recognition
On February 2, 2011, the Plaintiff’s wife (C) joined a fraternity meeting where the Defendant’s wife D is a leader, and received KRW 10,000,000 of the time limit money from D, and made a notarial deed of monetary loan contract for KRW 17,00,000, including the claim of KRW 7,000,000 against D against the Defendant.
In accordance with the above agreement, the Plaintiff and the Defendant, a notary public, drafted a notarial deed in a monetary loan agreement (hereinafter “notarial deed in this case”) stating that “The Defendant shall lend KRW 17,00,000 to the Plaintiff on February 15, 2011, and the Plaintiff shall make a repayment in 24 equal installments at the end of each month from February 201 to January 2013. The interest rate shall be 12% per annum.”
The defendant recognizes the fact that the defendant received 10,300,000 won out of the above money from E from the plaintiff's wife E.
[Ground of recognition] Facts without dispute, Gap evidence No. 2, the parties' assertion of the purport of the whole pleadings, and the plaintiff of the parties' assertion that since all of the obligations of the notarial deed of this case have been repaid, the executory power of the notarial deed of this case should be excluded. The defendant asserts that since 6,700,000 won among the 17,00,000 won as set forth in the notarial deed of this case remains, the defendant's claim of this case in the state of non-performance of all of them
Judgment
The plaintiff asserted that he paid KRW 10,300,000 to the plaintiff, without any assertion and proof that the above obligation was extinguished or failed to be extinguished with respect to KRW 6,700,000, which was pointed out by the defendant that he had not yet been reimbursed, and the court did not give any reply to the above order to prepare the statement. There is no ground for excluding the executory power of the notarial deed of this case as to the above KRW 6,700,000 and interest thereon.
Therefore, on February 15, 201, the plaintiff's debt amount of the notarial deed of this case is KRW 6,700,000 and its preparation date of the notarial deed of this case.