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A notary public against the defendant's plaintiff is a deed of 2012 drawn up by North Korean Joint Law Office on August 20, 2012.
Reasons
1. Comprehensively taking account of the Plaintiff’s statement as to the Plaintiff’s cause of claim No. 1 and the purport of the entire pleadings, the Defendant loaned money to the Plaintiff as the Plaintiff came to know from the time when the Plaintiff was operating a mutual title “C”, the Plaintiff issued a promissory note with a maturity of KRW 10,500,000 on July 12, 2012 with respect to the loan obligations against the Defendant, and a maturity of payment, and a maturity of the promissory note with a sight of payment. The Defendant filed a letter of delegation with the Plaintiff’s driver’s license and a certificate of personal seal impression as the Plaintiff’s agent, and filed an application for the preparation of a notarial deed with a notary public’s law office as of August 20, 2012 (hereinafter “notarial deed”).
The Plaintiff asserted that compulsory execution based on the instant notarial deed should not be permitted since the Plaintiff agreed to the Plaintiff’s debt of the Plaintiff at KRW 5,000,000, without any further additional amount, considering the circumstances of the Defendant demanding more money on May 15, 2013, and all of the debt of the Plaintiff on the instant notarial deed was extinguished. However, there is no evidence to acknowledge this.
Rather, the Plaintiff and the Defendant, on May 10, 2013, estimated the Plaintiff’s loan to the Defendant at KRW 6,600,000, and agreed to pay it in installments each day, and thereafter, the fact that the Plaintiff paid KRW 4,29,00 to the Defendant by August 13, 2013 is the Defendant.
Therefore, the Plaintiff’s obligation to pay the remainder of the borrowed money to the Defendant KRW 2,301,00,000. As such, the executory power based on the instant authentic deed should be excluded only for the portion exceeding the above money.
2. It is so decided as per Disposition because the plaintiff's claim of this case is justified within the above scope of recognition.