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(영문) 춘천지방법원원주지원 2016.04.21 2015가단7649

제3자이의

Text

1. Attached Form 207Gadan10169 decided February 5, 2008 to the Defendant’s original state branch of the Chuncheon District Court against the Plaintiff.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against C and the Plaintiff for each of the loan obligations and the performance of joint and several liability obligations against C and the Plaintiff. On February 5, 2008, the Defendant rendered a judgment to the effect that “C and the Plaintiff shall pay each of their respective Defendant 30,596,425 won and damages for delay,” and the said judgment became final and conclusive around that time.

(hereinafter referred to as the “final judgment of this case”). B.

On November 3, 2015, the Defendant seized C and the Plaintiff as the debtor, and based on the final judgment of the instant case, the Chuncheon District Court rendered a seizure of corporeal movables as to the movables listed in the separate sheet (hereinafter “instant movables”).

[Ground of recognition] Unsatisfy, Gap evidence 3 and 4

2. Determination

A. According to the judgment on the part of the claim objection claim (the part which executed the plaintiff as the debtor) No. 1, the plaintiff and the defendant agreed on January 3, 2013 that if the plaintiff paid KRW 8,00,000 to the defendant according to the final judgment of this case, the plaintiff and the defendant shall be exempted from joint liability against the defendant, and the collection of claims against the plaintiff shall be terminated, and the agreement (Evidence A No. 1 and hereinafter "the agreement of this case").

A) The facts that the Plaintiff prepared and paid the said agreement to the Defendant on December 20, 2012, each of the following facts can be acknowledged: (a) the Plaintiff paid KRW 8,00,000 to the Defendant on December 20, 2012. Therefore, the Defendant paid KRW 8,00,000 among the Plaintiff’s obligations after the conclusion of the instant final and conclusive judgment; and (b) the Defendant exempted the Plaintiff from compulsory execution based on the final and conclusive judgment (the part on which the Plaintiff was the Defendant). Therefore, compulsory execution based on the instant final and conclusive judgment (However, upon the Plaintiff’s request, only

(2) As to this, the Defendant’s instant agreement is a credit information company against the Plaintiff.