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1. The Defendant’s notary public against the Plaintiff is on the notarial deed of a monetary loan agreement No. 1142, No. C2017.
Reasons
1. Basic facts
A. On July 5, 2017, the Plaintiff: (a) borrowed KRW 9 million from the Defendant under a joint and several surety of D; (b) drafted a notarial deed as stated in Paragraph (1) of the Disposition stating that “The Plaintiff borrowed KRW 9 million from the Defendant on July 5, 2017 at the maturity of payment on September 5, 2017, interest and delay damages at 25% per annum; (c)” to the Defendant.
B. After doing so, D asked E, a workplace partner, to repay the Plaintiff’s above loan obligation, which is KRW 9 million, and E, to pay the above amount directly to the Defendant. On November 28, 2017, E, which, having the Defendant’s deposit account, remitted KRW 9 million to the Defendant’s deposit account.
【Ground of recognition】 Each entry of evidence Nos. 1, 2, 4, and 5, witness D, E’s testimony, and the purport of the whole pleadings
2. The assertion and judgment of the party involved
A. The Plaintiff asserts that, on November 28, 2017, E transferred KRW 9 million, which is the amount on the instant notarial deed, to the Defendant on November 28, 2017, the obligation on the instant notarial deed has ceased to exist, and that compulsory execution based on the instant notarial deed should be denied.
In this regard, the defendant asserts to the effect that since the money deposited from E is appropriated for repayment of other debts between D and the defendant, the debt of this case in the Notarial Deed still remains.
B. With respect to the assertion that the obligor paid the money as a repayment of a specific obligation, the obligee recognized the receipt by the obligee and claimed that it was appropriated for the repayment of another obligation, the obligee agreed on the fact that other claims exist and that there was an agreement on the appropriation of performance to other claims.
shall assert and prove that other claims are priority in legal appropriation.
(2) The Plaintiff and the Plaintiff agreed that the Plaintiff shall pay off the amount of the Plaintiff’s debt to the Plaintiff, which is not a debt under the instant notarial deed, on December 10, 1999 (see, e.g., Supreme Court Decision 9Da14433, Dec. 10, 199).
(b).