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1. The Defendant’s notary public against the Plaintiff, No. 439, 2018.
Reasons
1. Basic facts
A. On June 5, 2018, the Plaintiff prepared a certificate of a monetary loan agreement to the effect that KRW 150,000,000 from the Defendant will be borrowed at a rate of 24% per annum on July 4, 2018, and that interest and delay damages will be paid at a rate of 24% per annum, and issued a notarized certificate by C Law Firm Preparation No. 439 in 2018 and delivered it to the Defendant.
(hereinafter referred to as “instant notarial deed”). (b)
By June 5, 2018, the Defendant remitted and lent KRW 141,891,50 to the Plaintiff.
The Plaintiff repaid the Defendant KRW 100,000,000 on August 6, 2018, and borrowed KRW 45,000,000 again from the Defendant on August 9, 2018 without setting the due date.
The Plaintiff repaid each of the Defendant KRW 50,000,000,000 on September 4, 2018, and KRW 50,000 on February 19, 2019.
C. On the other hand, on September 21, 2018, the Defendant paid KRW 120,406,000,000, at the Plaintiff’s request, deducting KRW 594,000 from D’s fees for a certified judicial scrivener, under the pretext of a promissory note (payment date November 20, 2018) issued by the Plaintiff.
The Defendant received a collection order for each of the claims against the Plaintiff’s third obligor as of July 3, 2019, the Changwon District Court 2019TTT 7832 and the court 2019TT 7836, Oct. 28, 2019, with respect to each of the claims against the Plaintiff’s third obligor as of October 28, 2019.
[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, Gap evidence 5 and 6 (including branch numbers, hereinafter the same), the purport of the whole pleadings
2. Determination:
A. The plaintiff asserts that the compulsory execution based on the Notarial Deed of this case should be denied, since all of the obligations due to the Notarial Deed of this case have been repaid to the defendant.
In regard to this, the Defendant, in addition to the loans extended to the Plaintiff on June 5, 2018, has claims for loans of KRW 45,000,000 as of August 9, 2018, and claims of KRW 121,00,000 for promissory notes discount bonds as of September 21, 2018, and is able to enforce the above two obligations on the basis of the instant notarial deed.