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(영문) 대전지방법원홍성지원 2019.09.24 2019가단2056
청구이의
Text

1. Certificates No. 504, 2017, drawn up by C on December 15, 2017 by the Defendant’s notary public against the Plaintiff.

Reasons

1. On December 15, 2017, the Plaintiff entered into a notarized deed No. 504, 2017 (hereinafter “notarial deed of this case”) with a notary public stating the purport of recognizing that there is no objection even if the said obligation was not performed immediately, while promising the Defendant to repay KRW 5 million to the Defendant.

The Plaintiff paid the interest set to the Defendant each month, and paid in full the principal amount of KRW 5 million on March 23, 2018, and thus, the Defendant’s monetary liability to the Plaintiff does not remain.

Therefore, compulsory execution based on the notarial deed of this case against the defendant should not be permitted.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

3. It is so decided as per Disposition by the provisional disposition ex officio pursuant to Article 47(1) and (2) of the Civil Execution Act and the provisional execution with respect to it.

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