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(영문) 인천지방법원부천지원 2016.01.12 2015가단10778

제3자이의의소

Text

1. The Defendant’s notary public against C is a monetary loan contract with the executory power of No. 665, 2014.

Reasons

1. Basic facts

A. On March 13, 2013, the Defendant: (a) borrowed money from the National Bank on the part of the National Bank on March 13, 2013; (b) leased three-story D D on March 16, 2013 from the source of the said loan; (c) purchased facilities and goods necessary for the party funeral business; and (d) commenced the party funeral business from April 2013 to the name “E party funeral” at the place.

(hereinafter referred to as “instant party headquarters”). B.

With no particular employee, the defendant alone operates the billiard of this case in 24 hours, and the defendant's wife also complained of a son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.

However, the defect that C did not have funds to take over the party funeral business to the Defendant, and the Defendant and C set the price for the transfer of the party funeral business at KRW 50,000,000,000, and in the future, C engaged in the party funeral business and paid interest on the money that C received from the national bank on behalf of the Defendant with its profits, and paid the said price for the transfer of the money at KRW 2,00,000 each month over two years.

Accordingly, on June 15, 2013, the defendant delivered all of the party hall and its facilities and equipment to C, and C began the party hall business from around that time.

C. However, if C pays only 7,000,000 won out of the principal to the Defendant and fails to pay the remainder of principal and interest, the Defendant extended KRW 43,00,000 to C on July 17, 2014, the Defendant lent KRW 43,00,000 to C on July 17, 2014; and C paid KRW 1,00,000,00 each month from August 15, 2014 to April 15, 2017; and paid KRW 34 times in installments on May 15, 2017; even once by C, the payment of installment would be delayed, and even if the Defendant immediately performed compulsory execution, it would lose the benefit of time; and even if so, a notarized loan for consumption including the terms and conditions for recognition of compulsory execution that the Defendant did not raise any objection.