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Reasons
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(영문) 부산지방법원동부지원 2019.12.24 2018가단210524
청구이의
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1.(a)

The defendant's notary public against the plaintiff is a debt repayment contract No. 878 of the 2017.

Reasons

1. Facts of recognition;

A. On September 5, 2016, the Defendant paid to the Plaintiff KRW 22,00,000,000, KRW 3,000,000 on December 28, 2016, and KRW 10,000,00 on January 4, 2017, and KRW 3,000,000 on April 1, 2017.

(hereinafter “instant monetary transaction”). (b)

On October 20, 2017, the original Defendant drafted the instant notarial deed, the purport that the Plaintiff would pay KRW 60,000,000 to the Defendant for the repayment of the obligation arising from the instant monetary transaction.

The main contents of the notarial deed of this case are as follows.

Article 1 The sum of the debt amount of KRW 60,00,000 is KRW 60,000,000,000,000, which was borrowed by the debtor (referring to the plaintiff; hereinafter the same shall apply) from September 2016 to April 2017 from the creditor (referring to the defendant; hereinafter the same shall apply) and the debtor shall pay the debt amount of KRW 30,00,00 to the creditor on October 25, 2017.

Article 5 (Compensation for Delay) If the obligor delays the repayment of the principal or interest, the obligee shall be paid damages for delay in proportion to 24% per annum on the delayed principal or interest.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff, as a result of the instant monetary transaction, only bears the Defendant’s obligation to borrow KRW 22,00,000 against the Defendant, and the Defendant’s intimidation stating that “I would file a complaint and detain the Defendant in fraud if I would not prepare the instant authentic deed.” The Plaintiff prepared the instant authentic deed with the Defendant.

In other words, the plaintiff expressed his/her intent to prepare the Notarial Deed from the defendant by fraud or coercion, and cancelled by service of the complaint, etc. of this case. Therefore, compulsory execution based on the Notarial Deed of this case should be denied.

B. Even if not, KRW 30,000,000 out of the obligations under the notarial deed of this case was repaid.

3. Determination

A. The Defendant’s declaration of intent to prepare the Notarial Deed on the ground of fraud or coercion.

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