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1. The Defendant’s notary public against the Plaintiff No. 567 of the 2015 deed prepared by Pyeongtaek-si Law Firm on November 16, 2015.
Reasons
1. Basic facts
A. On July 22, 2014, the Plaintiff was awarded a contract for C&D with Nonparty B, and on March 12, 2015, the Plaintiff subcontracted the payment of the construction cost to the Defendant at KRW 650 million.
B. On November 16, 2015, the Plaintiff prepared a notarial deed on a monetary loan for consumption (hereinafter “notarial deed of this case”) stating that “the Plaintiff borrowed KRW 100 million from the Defendant and paid it by February 28, 2016,” in order to pay KRW 100 million to the Defendant’s claim for construction payment.”
C. On March 10, 2016, the Defendant issued a seizure and collection order against the Plaintiff’s claim for construction cost on another construction site based on the instant authentic deed.
【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, 5, and 9, each entry (including additional numbers), the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff asserts that the plaintiff's summary of the plaintiff's assertion is set off against the loan claims on the notarial deed of this case or against the amount equal to KRW 100 million on the basis of the loan claims on the notarial deed of this case or the remainder payment claims on the notarial deed of this case, and thus the notarial deed of this case lost its validity.
B. (1) The New Construction Corporation of the instant private house was completed March 15, 2016.
(2) The owner B and the Plaintiff requested the repair of defects in relation to the parts of the board, windows and windows built by the Defendant several times from October 2015 to June 2016, but the Defendant failed to comply with the request, and the Plaintiff directly performed the repair of defects in relation to the parts of the defect around July 2016.
(3) As of August 22, 2016 (the date of the appraisal of defects), the items of the defect repair work already conducted by B, the expenses already paid (the plaintiff's execution expenses), the appropriate construction expenses, the items of the remaining defects, and the construction expenses are as shown in the attached Table.
【Ground for Recognition】 Each entry (including paper numbers) of evidence Nos. 7, 8, 11 through 15, and the result of appraisal of appraiser D’s defects, the purport of the whole pleadings
C. Determination