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1.The judgment of the first instance shall be modified as follows:
A notary public of the defendant against the plaintiff on September 12, 2014.
Reasons
1. Facts of recognition;
A. On September 12, 2014, the Plaintiff issued a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) No. 1043, Sept. 12, 2014, on the purport that the Plaintiff borrowed KRW 13 million from the Defendant from the Defendant on October 31, 2014 due date for payment, and delayed payment, at 25% per annum, to the Defendant.
B. On the basis of the instant notarial deed, the Defendant applied for the attachment and collection order of the claim against the Plaintiff (third party debtor) regarding the benefits, etc. to the Plaintiff (third party debtor) as the Ulsan District Court 2014TTTT 14685, and received the order on January 8, 2015 (hereinafter “instant collection order”). The Defendant’s claim amount according to the instant collection order is KRW 13,00,000,000, the leased principal, and the interest accrued from November 1, 2014 to November 18, 2014, and delay damages accrued from the interest accrued from November 18, 2014, KRW 160,273, the execution cost is KRW 25,400, the delivery fee is KRW 21,400, the delivery fee is KRW 13,185,673.
C. Based on the collection order of this case, the Defendant received dividends totaling KRW 13,185,673 in the dividend procedure as indicated in the corresponding column of the table below (hereinafter “each of the dividend procedures of this case”).
According to the distribution schedule prepared in each distribution procedure, the amount claimed by the defendant according to the collection order of this case includes the leased principal, interest, delay damages, and execution expenses in E, but thereafter, it is indicated only as “principal” in the distribution procedure.
Amount claimed as dividend on the dividend date (original) E on August 20, 2015; 10,55,6732,639,639,318 F on December 21, 2015; 10,546,355 1,762,929 G G 27 June 27, 2016; 283,783,4262,426 on June 27, 2016; 185, 186 H 186 H 6,49, 2401, 968, 479 I on May 29, 2017; 4,529, 7612, 087, 087, 959, 207, 37, 205, 37, 205, 37, 37, 207, 2017
2. The plaintiff's assertion and judgment
A. The plaintiff's assertion.