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(영문) 부산지방법원 2019.02.15 2018나51928

청구이의

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. A. Around September 10, 2006, the Plaintiff’s mother D joined the Defendant’s 52,50,000 won (hereinafter “instant fraternity”) and the Defendant’s total number of 35 units (hereinafter “instant fraternity”). Around January 10, 2007, D received the instant fraternity around January 10, 2007. Around January 16, 2007, D, under a mutual savings agreement as of September 16, 2006, approved that D assumed the Defendant’s liability of KRW 60,00,000 to the Defendant’s debt amount of KRW 30,00,00,000, under a notarial deed as of February 30, 2007, the Plaintiff paid the Defendant the debt amount of KRW 10,000,000,000 to the Defendant’s joint and several surety’s debt amount of KRW 10,000,000 (hereinafter “No 37,”).

B. Since then, the Plaintiff filed a lawsuit of demurrer against the Defendant with the Busan District Court on the ground that the Plaintiff paid the entire amount of the instant fraternity’s payment, and the Busan District Court rendered a judgment on June 9, 2016 that “The compulsory execution based on the instant authentic deed shall not be permitted only to the extent that it exceeds KRW 13,480,000.”

(2014Gadan89757). The Plaintiff appealed on August 25, 2017. The Busan District Court, the appellate court, closed the pleadings of the instant case on August 25, 2017. On September 22, 2017, rendered a judgment to revise the judgment of the first instance to the effect that “No compulsory execution based on the instant authentic deed shall be allowed only for the portion exceeding KRW 3,610,000” (2016Na6986). The Defendant appealed again, but the Supreme Court rendered a judgment to dismiss the appeal on January 11, 2018 (2017Da48904). The said judgment became final and conclusive around that time.

(hereinafter referred to as “the lawsuit of objection”) in the said lawsuit

Since then, E, a creditor of the defendant, is based on the executory decision of the Busan District Court 2016Ka-405 costs of lawsuit, the claim amount of KRW 4,022,126, the debtor, the debtor, and the third debtor.