(영문) 서울북부지방법원 2016.01.12 2015나5161

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(영문) 서울북부지방법원 2016.01.12 2015나5161

청구이의

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1.The judgment of the first instance shall be modified as follows:

A notary public against the plaintiff is a law firm.

Reasons

1. Basic facts

A. On July 12, 2012, the Plaintiff issued a promissory note with a maturity of KRW 10,500,000 and at sight of the due date, on July 12, 2012, with respect to the obligation to borrow money with the Defendant, while the Plaintiff became aware of the Defendant at the time of operating a trade name “C” and doing money transactions with the Defendant.

B. On August 20, 2012, the Defendant: (a) entrusted the preparation of a notarial deed with the Plaintiff’s driver’s license and certificate of seal impression as the Plaintiff’s agent; and (b) signed a notarial deed with the notarial deed No. 1314 on August 20, 2012 by a notary public as the notarial deed No. 1314 (hereinafter “notarial deed”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff asserted that, on May 15, 2013, the Plaintiff agreed on the Plaintiff’s obligation to borrow a loan to the Defendant without any further additional amount to KRW 5,00,000,00, in view of the circumstance of the Defendant requesting the payment of money on May 15, 2013, and that compulsory execution based on the instant notarial deed should not be denied. However, there is no evidence to prove that the Plaintiff and the Defendant agreed on the obligation to borrow a loan at KRW 5,00,00.

Rather, in full view of the purport of the entire pleadings in the statement in subparagraph 1, the Plaintiff and the Defendant, on May 10, 2013, may settle the Plaintiff’s loan funds to the Defendant at KRW 6,600,000, and may be recognized as having agreed to pay in installments each day. Thereafter, the Plaintiff’s repayment of KRW 4,29,00 to the Defendant by August 13, 2013, and the Defendant’s remainder of the loan loans amounting to KRW 2,301,00 ( KRW 6,60,000,000) on October 23, 2013, 2013, part of the remainder of the loan loans amounting to KRW 2,050,00 as the Defendant is the Defendant.

Therefore, the Plaintiff’s obligation to pay the remainder of the borrowed money to the Defendant KRW 2,050,00,000. Therefore, the executory power based on the instant authentic deed should be excluded only for the portion exceeding the above money.

3. If so, the conclusion of this case.

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