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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. On October 8, 2013, the Plaintiff and C set up a notarial deed of monetary loan agreement (a notary public No. 533, 2013; hereinafter “notarial deed of this case”) stating that the obligee, debtor C, joint guarantor D, loan amounting to KRW 15,00,00,000 shall be paid in 15 times each month from December 10 to February 2015, and the due date shall be from December 2013 to February 15, 2015, and the delayed payment shall be 30% per annum, and a notarial deed of this case stating that the obligor and joint guarantor recognize compulsory execution in the event of default.
B. Based on the original copy of the instant authentic deed, on April 22, 2015, the Plaintiff was issued a decision to seize and collect the claim against C’s wage claim against the Defendant from the Jung-gu District Court Goyang branch on April 22, 2015 (Seoul District Court 2015TTT Branch 2015TT Branch 4608; hereinafter “decision to collect the seizure of this case”). The decision to collect the seizure of this case was served on the Defendant on April 24, 2015.
C. C filed a lawsuit of demurrer against the Plaintiff to the effect that the amount of the Plaintiff’s claim against C pursuant to the instant notarial deed does not amount to the stated amount, and that the amount exceeding the amount calculated by the rate of 30% per annum from October 24, 2015 to the date of complete payment, the judgment of the first instance, which rejected compulsory execution, was sentenced on November 24, 2017, to the effect that the amount of the Plaintiff’s claim against C pursuant to the instant notarial deed does not amount to the stated amount (hereinafter “related case”).
C appealed against this and appealed on December 18, 2017, and on December 18, 2017, the Plaintiff was the principal of KRW 7,691,486 (i.e., the principal of KRW 4,670,425 according to the judgment of the first instance court of the relevant case, and KRW 3,021,061,061 according to the judgment of the first instance court of the relevant case (hereinafter “the first deposit of this case”) made reimbursement deposit with the Suwon District Court No. 4043 in 2017.
E. On January 3, 2018, the Plaintiff is a partial repayment of a claim under the instant authentic deed.