공탁이행 청구
1. The Defendant: (a) the Cheongju District Court 2014 Other 4321, and the collection amount according to the collection order, 140,268,242, and the collection amount according to the collection order.
1. Facts of recognition;
A. The Plaintiff holds a claim for a loan of KRW 600,000,000 by an executory exemplification of a notarial deed No. 2366 of 201, which is executed by a notary public against Axxex Co., Ltd., one of which is a law firm; a claim for a promissory note amounting to KRW 800,000,000 by an executory portion of a notarial deed No. 73 of 2012, which is executed by a notary public; and a claim for a promissory note amounting to KRW 200,000 by a notary public based on an executory exemplification of a notarial deed No. 00511 of 2013, one of the notarial deeds drawn up by a law firm.
B. Based on the executory exemplification of a notarial deed No. 296, No. 2012, the Defendant: (a) applied for a collection order on May 23, 2014 by a notary public with the amount of KRW 11,00,000,000, the amount of the claim as KRW 201,000,000, based on the original copy of the notarial deed with the executory power of No. 296, May 27, 2012, the Defendant was finally served on the garnishee on May 27, 2014.
C. Around that time, the Defendant collected KRW 120,00,000 from the Asian Savings Bank among the garnishees, and KRW 20,268,242, a sum of KRW 140,268,242 from the Plaintiff Exchange.
On March 31, 2016, the Plaintiff, as a creditor who has an executory exemplification in the instant case No. 2014TT4321, rendered a demand for distribution under Article 247 of the Civil Execution Act to the court.
On the other hand, the defendant did not report collection under Article 236 of the Civil Execution Act to the court until the plaintiff demanded a distribution.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, purport of the whole pleadings
2. Determination as to the cause of action
A. A creditor with an executory exemplification of the relevant legal doctrine may demand a distribution to the court before he/she files a report on the amount of claims collected by the creditor to the court under Article 236 of the Civil Execution Act (Article 247(1)2 of the Civil Execution Act), and the other demand for distribution has occurred before he/she files a report on the collected amount to the court