The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On March 2, 2016, the Plaintiff and the Defendant drafted in Claw Firm a notarial deed written in the following purport of the claim (hereinafter “instant notarial deed”).

Article 1 (A) On March 2, 2016, the debtor approved that the debt borrowed on December 2, 2014 against B is KRW 250,00,000 as of March 2, 2016 and offered to be repaid in accordance with the following provisions, and the creditor accepted it:

Article 2 (Period and Method of Performance) The payment shall be made on April 30, 2016.

Article 3 (Interest) Interest shall be 12% per annum.

Article 4 (Place of Performance) The place of performance of the obligation shall be the address of the obligee.

Article 5 (Compensation for Delay) When the debtor delays the repayment of the above amount, damages for delay shall be paid to the creditor at the rate of 12% per annum to the delayed amount.

Article 9 (Recognition and Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized the absence of objection immediately even if compulsory execution has been enforced.

B. On October 6, 2016, the Defendant filed an application for compulsory auction on the instant notarial deed with the Suwon District Court E against the 78.21 square meters of the Dolwon District Court’s Dolwon District Court’s house with the Doldong D’s wife population D’s Doldong Branch (hereinafter “instant building”). The registration of the decision on compulsory auction was completed on the instant building.

C. On October 20, 2016, the Plaintiff filed a lawsuit of demurrer against the Defendant with the Suwon District Court. On May 9, 2018, the said court rendered a judgment that “The compulsory execution based on the instant notarial deed against the Plaintiff by the Defendant is dismissed only on the part exceeding KRW 30,050,000. The remainder of the Plaintiff’s claim is dismissed.”

(U.S. District Court 2016 Gohap8143). D.

The defendant filed an appeal against this, and the appellate court changed the judgment of the first instance on October 29, 2019 as follows.

Compulsory execution based on the notarial deed of this case against the plaintiff by the defendant exceeds 30,570,000 won.