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(영문) 서울동부지방법원 2017.07.20 2016가합108494

청구이의

Text

1. The defendant's compulsory execution on each of the notarial deeds stated in the separate sheet against C shall not be permitted.

2.

Reasons

Basic Facts

From December 3, 2014 to July 27, 2016, C in preparation of authentic deeds between the Defendant and C issued, respectively, promissory notes in the aggregate of KRW 4.15 billion in face value as listed below (hereinafter collectively referred to as “instant promissory notes”) with the Defendant as the Defendant at least six times in total, and with the issuance of separate promissory notes in the following table:

The date of the issuance of a promissory note No. 1.5 billion won date of the date of payment of the bill No. 1.5 billion won of the date of the issuance of the bill No. 4.1 billion won at sight on December 3, 2014, KRW 2.1 billion at sight on June 23, 2015, KRW 2.1 billion on December 10, 2014, KRW 51 billion on December 3, 2014, KRW 3.1 billion on January 3, 2016, KRW 4.15 billion on March 11, 2015, KRW 4.15 billion on the aggregate on July 27, 2016, each of the above promissorysory notes No. 30 million was commissioned by a notary public to prepare a notarial deed stating that compulsory execution on each of the instant promissory notes shall be immediately accepted to the beneficiary, and each of the notarial deeds in accordance with the attached list (hereinafter collectively referred to as “individual notarial deeds”).

The Plaintiff filed a lawsuit against C with the Seoul Central District Court No. 2013Gahap9845, the Plaintiff filed a lawsuit against C to seek the return of the lease deposit and the return of the provisional payment. On June 24, 2016, the said court rendered a judgment with respect to KRW 495,438,263, and KRW 451,24,597 from January 1, 2015 to March 6, 2016, KRW 6.9% per annum; KRW 5% per annum from the following day to June 24, 2016; and KRW 15% per annum from the next day to the date of full payment; KRW 44,193,666 to the date of full payment; and KRW 15% per annum from the next day to June 24, 2015 to the date of full payment; and KRW 5% per annum from the next day to June 25, 2016 to the date of full payment.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1, 8, and 13, and pleadings.