1. The Defendant’s notary public against the Plaintiff has the executory power of the case No. 178 of the 2018 Preparation C.

1. Basic facts

A. On January 22, 2018, the Plaintiff and the Defendant paid a total of KRW 65 million to the Defendant, and entered into a monetary loan agreement with the effect that: (a) from February 15, 2018 to November 15, 2019, KRW 2,826,08 shall be paid in installments over 22 months each month; (b) KRW 2,826,108 shall be paid on December 15, 2019; (c) overdue interest shall be 25% per annum; (d) overdue interest shall be the 25% per annum if the payment of the principal or interest is delayed; and (e) the payment of the principal or interest at the same time shall lose the benefit within the given period; and (e) even if a compulsory execution is conducted immediately, it shall be recognized that there is no objection.

B. On the same day, the Plaintiff and the Defendant entrusted a law firm C with the preparation of a notarial deed as to a monetary loan contract for consumption of money with the above contents, and had a notary public C prepare a notarial deed of money loan contract No. 178 of 2018 (hereinafter “notarial deed of this case”).

[Reasons for Recognition: Facts without dispute, evidence No. 1, purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiff's assertion asserts that all claims based on the notarial deed of this case were repaid and extinguished, and the defendant asserts that the plaintiff has lost the benefit of time from the first payment date and there remains 2,761,014 won and damages for delay.

As to this, the plaintiff paid 2,826,086 won below 6 won on the agreed due date, and the defendant's assertion that he lost the benefit of time is not permissible under the principle of good faith and it is not against the principle of prohibition of abuse of rights.

B. The facts that each amount recorded in the column of repayment was repaid on the date stated in the column of the calculation sheet of the amount appropriated for the claim based on the Notarial Deed of this case are not disputed between the parties.

The meaning of the term of loss clause in the Notarial Deed of this case shall lose the benefit of time when delay has occurred even in part of the principal or interest.

“The Plaintiff is on the first payment date.”