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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. According to the evidence evidence evidence Nos. 1 through 4, the plaintiff and the defendant prepared the "certificate of confirmation of the proceeds from the sale of this case" with respect to D Co., Ltd. (the E Co., Ltd. and F Co., Ltd.; hereinafter referred to as the "this case") as of October 22, 2018. The main contents are as follows: "certificate of confirmation of the proceeds from the sale of this case" in the attached Form; ② The plaintiff and the defendant approved that the balance of the purchase price of the plaintiff against the defendant (this case) is KRW 214 million as of October 24, 2018, while the plaintiff and the defendant approved that the balance of the purchase price of this case against the defendant is KRW 20,000,000 as of October 24, 2018, the interest rate of this case shall be null and void as of February 28, 2019.
The contents of this case are as follows: (3) The Plaintiff may each recognize the fact that the Plaintiff paid a total of KRW 30,60,000 to the Defendant five times from April 30, 2019 to February 25, 2020 as the proceeds of the sale of this case.
2. The Plaintiff asserts that, inasmuch as the sales price of the instant company is KRW 6540,00,000 stated in the “certificate of confirmation of the sales price of the instant company” rather than the amount of KRW 214,000 stated in the instant fair deed, and the amount repaid by the Plaintiff is KRW 30,660,000,000, the deduction of the amount remains 3,5946,000,000, the compulsory execution based on the instant fair deed must be denied only for the portion exceeding the above KRW 3,594,60,00.
However, Article 5(5) of the “Certificate of Sale Confirmation of the Company” ceases to exist when H’s physical guarantee is terminated until February 20, 2019 and gold 6,6540,000 won is repaid to H by February 20, 201.
In addition, “the instant fair deed” is written as well as “the instant fair deed when the Plaintiff makes a reimbursement in accordance with the certificate of confirmation of the proceeds from the sale of the company attached to this case.”