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(영문) 청주지방법원 2015.04.30 2014가합27002

청구이의

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Where the claim on the title of execution in the judgment on the defense of this safety has been transferred and satisfies the requirements for setting up against the assignee, the standing to be a party to the execution shall be changed to the assignee, and the obligee becomes the assignee in accordance with the fact that the assignee is entitled to succeed execution clause, and since the executory power against the transferor is extinguished due to the grant of the succeeding execution clause, the subsequent lawsuit of objection filed against the transferor is unlawful because it is filed against the non-qualified person, or it is filed against the non-qualified person, or it

(2) In light of the above legal principles, the Plaintiff: (a) borrowed KRW 700,00,00 from the Defendant on December 23, 2008 (hereinafter “the instant loan”); (b) the Plaintiff jointly and severally guaranteed the Defendant’s obligation to the Defendant; (c) the Plaintiff and the Defendant and the notary public jointly and severally guaranteed the Defendant’s obligation on December 23, 2008 by means of a notarial deed No. 4130,000 (hereinafter “notarial deed”); and (d) the Defendant, on July 5, 2013, notified the Defendant of the loan agreement or the content of the instant loan execution clause to the effect that the transfer of the instant bond reaches the notarial deed by means of a notarial deed No. 4130, Dec. 23, 2008 (hereinafter “No. 30,000,000).