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1. The judgment of the court of first instance is modified as follows.
2. The Defendant’s notary public against the Plaintiff is a law firm C Deed in 2014.
Reasons
1. The court's explanation concerning this case is identical to the corresponding part of the judgment of the court of first instance, except for the addition of the judgment on the plaintiff's claim for repayment as follows. Thus, the court's application of the main sentence of Article 420 of the Civil Procedure Act is cited.
2. The Plaintiff asserts that, inasmuch as the Plaintiff borrowed KRW 133,122,00 from July 25, 201 to July 20, 2016, and repaid KRW 158,44,200 to the Defendant during the same period, the obligation under each of the instant monetary loan agreements was fully repaid and extinguished.
According to the statement of evidence Nos. 6 and 7 (including each number), it is recognized that money transactions (the money transferred by the plaintiff before January 31, 2012 is deemed to be appropriated for the repayment of the previous obligation and was not included in the above details) as stated in the statement of appropriation for payment through the deposit account of the Plaintiff’s Mine Credit Cooperatives from July 25, 201 to March 5, 2015 were between the Plaintiff and the Defendant. Accordingly, it is clear that the balance of the total principal of the loan on March 5, 2015 was KRW 12,40,00,00, and the loan after the second money loan contract of this case was made at KRW 12,40,00,00 and the loan obligations under each of the instant monetary loan contract of this case were fully repaid around March 5, 2015.
However, in the instant case where the Defendant did not specifically assert or prove the existence of other loan claims prior to July 25, 201, the amount claimed by the Plaintiff was appropriated for the repayment of the loan prior to July 25, 2011, the Plaintiff’s repayment and the assertion for satisfaction of performance cannot be rejected solely on the basis of such possibility in the instant case.
In addition, around March 5, 2015, all the loan principal was not repaid, but there is a lot of interest in repayment, such as interest rate is high or executory notarial deed.