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(영문) 서울중앙지방법원 2018.12.19 2018가단5113785

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 28, 2009, the Plaintiff loaned KRW 500,000,00 to D on July 28, 2009, and D shall pay the said money in lump sum on June 30, 2010. D, a notary public, who, having the effect that “When D does not perform its monetary obligation under this contract, it shall be recognized that there is no objection even if it is immediately subject to compulsory execution,” was drafted by the notary public of the deed of Song-song Joint Law Office No. 909, a document of monetary loan agreement, No. 2009.

B. On December 13, 2014, D filed a lawsuit of demurrer against the Plaintiff on the ground of the foregoing No. 2014Gahap594258, the Seoul Central District Court, which sought the denial of compulsory execution based on the said notarial deed, and on June 22, 2015, the said lawsuit was pending on June 22, 2015, that “The Plaintiff and D, a notary public, on the ground of the notarial deed No. 909 of the Money Consumption Loan Agreement (No. 909), did not have any obligation to borrow D’s loan to the Plaintiff on the basis of the notarial deed within the limit of KRW 350,000,000.”

C. The appellate court (Seoul High Court 2016B9) in the case of dividing the inherited property of the deceased E, a member of D, decided that D owns 1,303/10,000 shares of the deposit claim against the bank, but D owns 1,303/10,00 shares. The above decision was dismissed and finalized.

(hereinafter referred to as “D”) a deposit claim against the bank, which is located in the Bank. D. D.

1) On November 15, 2011, D borrowed KRW 100,000 to the Defendant, and issued a loan certificate stating that “D will return it until December 28, 201,” and the Defendant remitted KRW 43,500,000 to D on November 28, 201.