1. The judgment of the first instance is modified as follows.

A. The defendant's notary public against the plaintiff is a law firm C.

Facts of recognition

The plaintiff is a person who operates a restaurant in the name of E, and the defendant is a corporation that runs a liquor wholesale business.

The Plaintiff received alcoholic beverages from the Defendant from April 12, 2019 to June 18, 2019, but failed to pay the price. As to KRW 14,00,000 of the alcoholic beverage price on June 28, 2019, a notary public prepared a fair deed of monetary consumption lending and lending agreement (hereinafter referred to as “fair deed”) under No. 708 of the 2019, July 28, 2019 to the Defendant from July 28, 2019 to September 28, 2019, the Plaintiff paid damages for delay by 20% per annum.

On July 3, 2019, the Plaintiff paid KRW 2,000,000 to the Defendant.

On August 22, 2019, the Defendant attached the movable property in the restaurant of the Plaintiff to the Suwon District Court D with the amount claimed as KRW 6,564,312 based on the instant fair deed as of August 22, 2019.

[Ground for recognition] The defendant's assertion that there is no dispute, Gap's evidence Nos. 1 and 2, Eul's evidence Nos. 1 and 7 (including branch numbers), the plaintiff's ground for claim as to the whole purport of the pleadings, and the plaintiff's assertion that there is a claim of KRW 6,564,312 against the plaintiff unilaterally without presenting the details of the purchase price of alcoholic beverages between collection and removal.

One of the arguments is that there is no basis for it, so compulsory execution based on the fair deed of this case must be rejected.

Judgment

According to the purport of each of the statements and changes in Eul evidence Nos. 1 through 7, the defendant supplied the plaintiff with alcoholic beverages equivalent to KRW 34,785,361 from April 12, 2019 to June 18, 2019, which were not paid due to the failure to pay the price. The amount of alcoholic beverages equivalent to KRW 2,258,251 from June 3, 2019, the amount of alcoholic beverages equivalent to KRW 18,075,666 from June 28, 2019, the amount of alcoholic beverages equivalent to KRW 2,854,046 from July 10, 2019, the amount of alcoholic beverages equivalent to KRW 34,78,03,086 from July 30, 201, the amount of which was paid by the plaintiff from the plaintiff.

Therefore, the execution claim of the instant fair deed is KRW 6,564,312 (=34,785,361) - 2,258,251 won - 18,075.