청구이의
1. The plaintiff's claim is dismissed.
2. As to the case of application for the suspension of compulsory execution by this Court 2016 Chicago5050, July 2017
1. Basic facts
A. On August 21, 2013, the Defendant remitted KRW 100 million to the Plaintiff’s husband C account.
Around that time, C, with respect to the above remittance, prepared a loan certificate stating that he borrowed KRW 130 million from the defendant, and delivered it to D at the time, who was the defendant's head at the same time, and the plaintiff and E (D's head at the time) affixed the above loan certificate as a joint guarantor.
B. On October 8, 2013, the Defendant transferred KRW 50 million to an account in the name of F (D).
Around that time, C prepared a certificate of borrowing that he borrowed KRW 60 million from the Defendant with respect to the above remittance and delivered it to D.
(hereinafter referred to as the “instant loan” in combination with the above remitted money.
On October 7, 2014, the Defendant filed a lawsuit against the Plaintiff, C, and E seeking the payment of the instant loan under the Sungwon District Court Branch 2014Gahap8116.
On July 7, 2015, following the pleading twice in the above lawsuit, the judgment of the court below that "C shall pay 150,000,000 won with the borrowed money, and the plaintiff and E, jointly and severally with the plaintiff, the joint and several surety deposit amount of KRW 100,000,000, and damages for delay (hereinafter "the judgment of this case") was pronounced (hereinafter "the judgment of this case").
In the above case, C alleged that the instant loan was actually borrowed D, but its assertion was rejected on the ground that it was insufficient to reverse the entries in the loan certificate, which is a disposal document.
Although the Plaintiff and C appealed, on July 19, 2016, the judgment of dismissal of an appeal (Seoul High Court 2015Na2014570) was pronounced, and again, on November 10, 2016, the judgment of dismissal of an appeal (Supreme Court 2016Da242020) was rendered final and conclusive.
On December 24, 2015, based on the judgment of this case, the defendant applied for a compulsory auction on real estate in the attached Form G to Suwon District Court Sung-nam Branch G for a compulsory auction and was ordered to commence the compulsory auction on December 24, 2015.
E. C intends to seek the exclusion of the executory power of the instant judgment.