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1. The Defendant’s notary public against the Plaintiff is based on the bill No. 692, 2016.
Reasons
1. On December 14, 2016, the Plaintiff and the Defendant drafted a bill/notarial deed that recognizes the immediate compulsory execution (hereinafter “notarial deed of this case”) in cases where the Plaintiff paid KRW 250 million to the Defendant by May 30, 2017, and delays the payment of the said money.
[Ground for recognition] Unsatisfy, Gap evidence 3
2. Summary of the parties' arguments;
A. The summary of the Plaintiff’s assertion 1) The Plaintiff agreed to receive research and development expenses from the Defendant while conducting research on the development of high-efficiency boiler, and received KRW 193.5 million from September 8, 201 to June 27, 2014. Of them, the Plaintiff returned KRW 24.2 million to the Plaintiff, and the Defendant’s final investment amount is KRW 169.3 million. The Defendant’s investment amount is KRW 170 million from the date of receipt of the Plaintiff’s above boiler development project, and the Plaintiff and the Defendant make the instant notarial deed of this case with KRW 250 million plus interest rate of KRW 12.7% per annum from the date of receipt of the Plaintiff’s said boiler development project. However, the said notarial deed was made by the Defendant’s coercion, and the Plaintiff’s final investment amount is revoked pursuant to Article 110(1) of the Civil Act.
Even if it was not made by coercion, there was no agreement to return the investment amount by adding the interest of 12.7% per annum at the time of the preparation of the notarial deed, and therefore there was no agreement to return the investment amount. Therefore, the portion exceeding the principal amount of 169.3 million won has not
3. Ultimately, if the agreement is added to the principal amount of KRW 169 million and the agreed interest or delay damages by 12.7% per annum from December 14, 2016 to July 28, 2017, the amount of KRW 182,671,916 is KRW 182,67,916. The Defendant seized and collected KRW 10,137,421, the sum of the wages paid by the Plaintiff for June, 7, and August, 2017, and paid in full the remainder amount of KRW 175,98,373, the compulsory execution by the said authentic deed should be denied.
B. The Defendant’s summary of rebuttals by the Defendant is funds necessary for the development of boiler around September 201 by the Plaintiff.