beta
(영문) 전주지방법원 김제시법원 2018.12.19 2018가단10010

청구이의

Text

1. The order for payment issued by the Defendant to the Plaintiff on June 17, 2015 and the same court as the order for payment issued by the Defendant on June 17, 2015.

Reasons

1. Facts of recognition;

A. C is the Defendant’s husband, D is the mother of E, F is the wife of E, and the Plaintiff guaranteed the obligation of E to the wife of E.

B. C made several monetary transactions with E from October 2010 to July 2013, 2013, and written a loan certificate, and the debtor or joint guarantor on the loan certificate is E or F, or the plaintiff or D or E's children G, and the creditor was described C or the defendant respectively.

C. After that, on July 19, 2011, the Defendant received a payment order from the previous Jeju District Court Kim Jong-si Court 2015Hu215 on July 16, 2015 with the loan certificate issued by the Plaintiff and joint guarantor E, and the obligor received payment orders from the Jeonju District Court 2015Hu216 on July 22, 2011 with the loan certificate borrowed from the Plaintiff, joint guarantor, E and F.

(hereinafter referred to as "each payment order of this case" in total of the above payment orders. D.

Since it is reasonable to view that C and D transferred real estate owned by the Plaintiff as his/her father and the Plaintiff’s wife and H as his/her fraudulent act, and filed a fraudulent act lawsuit against H as the Jeonju District Court 2015Da23057, but C’s claims against the Plaintiff and D were all extinguished due to repayment, the judgment dismissing the claim against C was rendered on January 26, 2017 on the ground that there was no preserved claim against the obligee’s obligee’s right of revocation, and the judgment below determined whether repayment was made including the loan claim that constitutes the cause of each payment order of this case.

As to this, C appealed by Jeonju District Court 2017Na2390, but on September 20, 2017, the judgment dismissing the appeal was rendered, and C appealed appealed by Supreme Court 2017Da270251, but the appeal was dismissed on January 11, 2018.

[Grounds for recognition] Each entry of Gap evidence 1 through 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. According to the above facts of recognition, each credit extended by the defendant against the plaintiff, which is the ground for each payment order of this case.