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1. The defendant's notary public against the plaintiff is based on a notarial deed No. 799, No. 2016, which was held by the law firm.
Reasons
1. Basic facts
A. On December 27, 2016, the Plaintiff and the Defendant entrusted a notary public to prepare a notarial deed in the open law of law firm with the document No. 799 of 2016, and on the same day, the said notarial deed (hereinafter “instant notarial deed”) was written as follows.
Article 1 (Purpose) The Defendant lent KRW 300,000,000 as stated in the separate loan certificate as of November 22, 2016 to the Plaintiff, and the Plaintiff borrowed this.
Article 2 (Period and Method of Performance) The repayment shall be made in cash on December 29, 2016.
Article 5 (Compensation for Delay) When the plaintiff delays the repayment of principal or interest, the late payment damages shall be paid to the defendant at the rate of 15% per annum for the delayed principal or interest.
Article 8 (Recognition of Compulsory Execution) When the plaintiff and the joint guarantor have failed to perform the monetary obligation under this contract, the plaintiff acknowledged the absence of objection immediately even if compulsory execution has been enforced.
B. On September 20, 2016, the head of the Chungcheong District Tax Office: (a) attached, among the sales claims (including claims that may be incurred later) owed the Plaintiff, the amount up to KRW 211,648,310 of the delinquent amount (including the increased additional amount added thereto); (b) on February 1, 2017, the amount up to KRW 255,884,710 of the sales claims (including the increased additional amount added thereto) owed by the Defendant against the Plaintiff (including claims that may be incurred later); and (c) on March 2, 2017, the amount up to KRW 262,257,210 of the sales claims (including the increased additional amount added thereto) owed by the Defendant against the Plaintiff was seized until each time the notice of each of the above seizure was issued to the Plaintiff.
C. The Plaintiff paid KRW 20,000,000 to the Defendant on December 23, 2016 and December 30, 2016, respectively, as the repayment of debt based on the instant authentic deed.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 6, 7, Eul evidence Nos. 1 and 2 (including those with additional numbers), the purport of the whole pleadings
2. The cause of the action.