beta
(영문) 서울중앙지방법원 2018.05.10 2017가단5146139

청구이의

Text

1. The Defendant’s loans, etc. to the Seoul Central District Court 99Kadan10144 are enforceable.

Reasons

1. Basic facts

A. The Defendant is a creditor of an executory exemplification of the judgment rendered on March 10, 200 in Seoul District Court Decision 99Da10144, a loan, etc. filed by the Defendant against Plaintiff A and deceased E, which is the executory exemplification of the judgment rendered on March 10, 200.

B. The order of the above judgment is as follows: “The defendant jointly and severally held 43,00,000 won and 8,000,000 won among them to the plaintiff, 30% per annum from December 25, 1997 to the date of full payment, 35% per annum from March 16, 1998 to the date of full payment, 15,000,000 won per annum from June 25, 1998 to the date of full payment, 24% per annum from June 25, 1998 to the date of full payment, 5,000,000 won per annum from November 11, 1998 to the date of full payment, 36% per annum from June 4, 199 to the date of full payment.”

C. Plaintiff A is jointly and severally liable under the title of execution of the instant case, and is the heir of the deceased E (Death on March 27, 2014) who is the husband of Defendant A, the joint and severally liable under the title of execution of the instant case, and Plaintiff B and C are the children of Plaintiff A and the deceased E, the heir of the deceased E, the joint and severally liable under the title of execution of the instant case.

On May 14, 1999, the Defendant: (a) registered the provisional seizure of real estate in the Seoul District Court 99Kadan90742 with respect to the FF land in Yangju-si owned by the Plaintiff on May 14, 199; and (b) thereafter, on March 25, 2010, registered the provisional seizure of real estate in accordance with the execution title of the instant case by compulsory auction of the Government District Court G District on March 25, 2010.

E. The Defendant paid KRW 50,00,000 out of the total amount of the judgment principal and interest of the case, such as the loan, etc., Seoul District Court 99Da10144, the Plaintiff A and the network E repaid to the Defendant for a compulsory auction on the said F land. On August 24, 2010, the Defendant withdrawn a compulsory auction on the said F land and revoked the execution of the said provisional attachment on August 25, 2010.

[Reasons for Recognition] - Party A’s entry in Gap’s Evidence Nos. 1, 2, 3, 5, 6, 9 (including the serial number).