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(영문) 대전지방법원 2014.07.10 2013가합105070

제3자이의

Text

1. No. 612, Sept. 13, 2010, No. 2010, No. 612, a notary public against the Defendant’s B, drafted a principal law office.

Reasons

Based on the facts, the Plaintiff filed an application for a payment order against B, who operated C on January 11, 201, to the effect that the payment order was issued at the rate of 20% per annum from the day following the delivery of the original delivery of the goods price of KRW 363,681,100, and the original payment order for the said money to the day of full payment. On January 27, 2011, the said court ordered the payment order that B, who received the above application, became final and conclusive around that time.

On March 23, 2011, the Plaintiff applied for a seizure and assignment order with the Daejeon District Court 201TTT No. 5496 based on the original order of the above payment order, and issued a seizure and assignment order for KRW 368,663,032 (hereinafter “instant assignment order”) on March 25, 201. On March 29, 201, the Plaintiff was issued a seizure and assignment order for KRW 368,663,032 from among the compensation claims arising from the disposal of livestock slaughter against the Republic of Korea. The above order was served to the Republic of Korea on March 29, 2011,

On the other hand, on September 9, 2010, the Defendant, a feed-based business, lent KRW 800 million to B, agreed to repay the loan in substitution with the feed-based payment after the commencement of the feed-based transaction. On September 13, 2010, a notary public borrowed KRW 612 billion in relation to the above loan from the State Joint Law Office No. 612, Sept. 9, 2010, and offered both money as a security for transfer to secure this, and if B fails to perform the above monetary obligation, a notary public drafted a notarial deed of money loan agreement for transfer security (hereinafter “notarial deed of this case”) stating that there is no objection even if compulsory execution is conducted.

On August 17, 2011, the Defendant applied for a seizure and collection order of the claim amounting to one billion won (hereinafter “Defendant’s collection order”) against the claim amount arising from B’s disposal of livestock slaughter against Gyeonggi-do on August 19, 201, based on the above notarial deed, and issued a seizure and collection order of one billion won (hereinafter “the claim”). The above order became final and conclusive around that time.

Gyeonggi-do shall have the Plaintiff's interest on April 5, 2012.