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(영문) 서울서부지방법원 2020.06.23 2019가단228868

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 13, 2005, the Plaintiff issued a promissory note as of August 13, 2005 (hereinafter “the Promissory Notes”) and as of August 13, 2005 (hereinafter “the Promissory Notes”).

B. C filed a lawsuit against the Plaintiff on the claim for the amount of promissory notes with the court 2005 Ghana217278. On February 3, 2006, the instant case was initiated by service by public notice, and on February 3, 2006, the court rendered a favorable judgment (hereinafter “the title of this case”) that “the Plaintiff shall pay C the amount calculated by the rate of KRW 16,360,000 and the amount calculated by the rate of KRW 20% per annum from January 12, 2006 to the date of full payment,” and the said judgment was finalized on September 3, 2006.

C. On May 201, C transferred to the Defendant the claim based on the instant executive title against the Plaintiff, and the Defendant filed an application for the registration of a defaulters’ list with the Suwon District Court 2015da781, and on August 5, 2015, the written questioning of the Plaintiff was served on the Plaintiff and the written decision of acceptance was rendered on October 7, 2015. The certified copy of the said written decision was served on the Plaintiff himself/herself on October 15, 2015.

Around June 2019, the Defendant applied for the auction of corporeal movables to Daejeon District Court Branch D, based on the instant enforcement title with respect to the movables owned by the Plaintiff, and the Plaintiff filed the instant lawsuit on June 27, 2019.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 9, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. A. The summary of the Plaintiff’s assertion (1) C, around June 2004, leased the lease deposit of KRW 150,000,000,000,000 for the lease deposit, KRW 7,000,000 for the monthly rent, and KRW 6 months for the lease period to H. Around that time, H leased the said real estate by setting the deposit deposit amount of KRW 40,000,000,000 for the monthly rent, KRW 7,000 for the monthly rent, and six months for the lease period to the Plaintiff.

After the expiration of the above lease and sub-lease period, the Plaintiff continued to possess the above real estate by converting it into the relationship of direct lease from C and continues to hold funeral services, and the Plaintiff entered into a lease contract with the borrowed amount of KRW 17 million.