Text
1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuit, the Defendant’s notary public against the Plaintiff.
Reasons
Basic Facts
On October 26, 2011, when the Plaintiff borrowed money from the Defendant several occasions from around August 2009, the Plaintiff issued one of the promissory notes with the issuer, the payee, the Defendant, the face value of KRW 250,000,000,00, issue date, October 26, 201, and one of the promissory notes with a payment date at sight (hereinafter “instant promissory notes”). On the same day, a notary public, along with the Defendant, commissioned the Defendant to prepare a notarial deed to the Law Firm Transmitt, and if the Plaintiff delays the payment of the said promissory notes, a notary public, who is aware of the absence of objection even if he was subject to compulsory execution, does not have any dispute between the parties, or by adding up the number No. 7 through 10, 14, and No. 1515 (hereinafter “notarial deeds”).
The notarial deed of this case, which is the cause of the plaintiff, was prepared formally, and the plaintiff actually borrowed only KRW 120,390,000 from the defendant.
The Plaintiff repaid the amount exceeding the above borrowed amount to the Defendant as follows, and the above borrowed amount to the Defendant was fully extinguished.
① From August 19, 2009 to July 15, 2011, the Plaintiff repaid the Defendant totaling KRW 63,741,000.
② The Plaintiff paid KRW 3,00,000 to the Defendant via G, who is a branch of G.
③ At the Defendant’s request, the Plaintiff stated C’s 23,200,000 won, D’s 6,000,000 won, E’s 5,300,000 won, and F’s 1-2 as “F” in the instant complaint, while the Plaintiff stated “J” in the evidence No. 1-2 as “J” at the time of the examination of the first instance court. At the time of the examination of the first instance court, the Plaintiff stated “J” as “K” in the grounds of appeal.
5,000,000 won and 10,500,000 won were remitted to I.
I’s assertion of remittance of KRW 10,500,00 to I is in the interest of the trial.