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1. The Defendant’s notary public against the Plaintiff (LLC) No. 173, 2012, drafted on June 21, 2012, No. 173.
Reasons
1. Basic facts
A. On June 21, 2012, Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”) drafted a notarial deed, such as the written order stating the following: (a) Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”)’s joint and several liability as the representative director; (b) the interest rate of KRW 200 million per annum 8.5% per annum; (c) the delay interest rate (if the repayment of principal or interest is delayed); (d) November 21, 2013; and (e) the repayment of the said monetary obligation is not performed in the course of borrowing as of November 21, 2013; and (e) the said notarial deed (hereinafter “instant notarial deed”).
B. On February 14, 2014, when the Plaintiff and the non-party company were unable to repay the money that the maturity date expires, the Defendant received a claim of KRW 234,523,99 (including the principal, interest and execution expenses, KRW 82,100) with the title of execution of the instant notarial deed as the title of execution, and was subject to the Seoul Central District Court’s order of seizure and collection (Seoul Central District Court 2014TTT 5035, 5036).
C. On March 12, 2014, the Defendant collected KRW 3,964,580 from the NongHyup Bank account in the name of Nonparty Company.
After that, on March 12, 2015, the non-party company deposited KRW 278,70,528 as the gold No. 866 of the Seoul Western District Court in 2015 and the gold No. 880 in 2015.
[Grounds for recognition] Evidence Nos. 1 through 6-2, the purport of the whole pleadings
2. If a debtor pays expenses and interest of one or more obligations, and the person performing the obligation has effected insufficient performance to satisfy the entire obligation, such performance shall be appropriated in the order of the expenses, the interest and the principal.
(Article 479(1) of the Civil Act provides that expenses incurred in compulsory execution shall be borne by the debtor and the debtor shall be preferentially reimbursed by the execution (Article 53(1) of the Civil Execution Act). As such, with respect to executive titles ordering a payment of money, the whole executory power shall not be excluded unless the executory power is reimbursed.
Supreme Court Decision 9.9.9.