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(영문) 의정부지방법원 2016.08.26 2015가합3836

청구이의

Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 25, 2013, the Defendant filed an application for a payment order against E with the Republic of Korea District Court Decision 2014Ra857, which sought payment of KRW 150,000,000 for loans and interest and interest interest thereon (hereinafter “instant payment order”), and received the payment order on March 14, 2014 (hereinafter “instant payment order”), and the said payment order was finalized on April 3, 2014.

B. On June 2, 2014, E issued a promissory note in Seoul Special Metropolitan City (hereinafter “instant promissory note”) at the face value of KRW 600,00,000, issue date June 2, 2014, and on June 30, 2014, the date of issue, the place of issue, the place of payment, and the place of payment, respectively, and the Defendant and E entrusted the preparation of a notarial deed of a promissory note at the office of notary public F, and the said office signed a notarial deed (hereinafter “notarial deed of this case”) with the content that E is not dissatisfied with a compulsory execution when E delays the payment of the said note to the bearer of the said bill (hereinafter “instant notarial deed”) on June 2, 2014.

C. On June 2, 2014, the Defendant lent KRW 150,00,00 to E and G at the maturity of 150,000 and annual interest rate of 24%. The Defendant, E, and G, etc. entrusted F’s office with the preparation of a notarial deed of monetary loan loan contract at F’s office. The said office was as No. 504 of the document of June 2, 2014, No. 504 of the document of June 2, 2014, E and G did not perform a monetary obligation under the said monetary loan contract at the time of failure to perform the monetary obligation under the said monetary loan contract, the Defendant drafted a notarial deed of monetary loan loan with the purport that there is no objection even if it is immediately subject to compulsory execution (hereinafter “instant notarial deed 2”).

On December 4, 2014, the Defendant: (a) based on the executory exemplification of the instant payment order; (b) issued monthly pension lottery prize money from Ji Government District Court 2014TTTT 23984 (hereinafter “Sharing Roto”); (c) KRW 876,60,000; and (d) KRW 876,60,000,000.