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(영문) 대전지방법원 2016.07.06 2016가합102010

채권조사확정재판에 대한 이의의 소

Text

1. Compulsory execution based on the Daejeon District Court Decision 2003Gahap3328 decided August 20, 2003 against the defendant's plaintiff is 1.

Reasons

On August 20, 2003, the defendant (the plaintiff in this case) filed a lawsuit against the plaintiff et al. as the Daejeon District Court 2003Gahap3328, and sentenced that "A (the plaintiff in this case) shall jointly and severally with the plaintiff in the amount of KRW 832,061,754 and 400,000 among the above amount of KRW 832,00,000,000,000 to the day of full payment," and the above judgment became final and conclusive on September 18, 2003.

(hereinafter “instant final judgment”). The Plaintiff’s renunciation of inheritance D died on June 17, 2010.

On September 6, 2010, the Plaintiff, E, F, and G, the inheritor of D, filed a declaration of renunciation of inheritance with the Daejeon District Court Family Branching 2010Ra1206 on September 6, 2010, and the said court accepted the said declaration of renunciation of inheritance on September 16, 2010.

On November 2, 2010, the Plaintiff submitted to the Defendant a written request for debt approval and debt reduction and exemption (Evidence 1; hereinafter referred to as “written request for debt reduction and exemption”), and the Defendant approved it around that time.

(hereinafter the Plaintiff’s submission “request for debt reduction” and the Defendant’s approval “approval for debt reduction and exemption” are required to be exempted.

The main contents of a written request shall be as follows:

Request for Debt Reduction and Exemption

1. The principal shall approve that the amount of debt as of the date of the submission of this Request is KRW 1,431,320,650 as the debtor A of the acceptance claim.

2. At present, the principal confirms that there is no property owned, trusted, or acquired other than the property listed in the attached Form 1 specification of Property (hereinafter referred to as “detailed specification”), and on condition that this KRW shall be repaid, a statement of reduction or exemption shall be given to the remaining obligation

With the consent of the Cheongbyan, the PPE shall be the subject of the PPE.

3. Where he/she fails to perform his/her obligations within the scheduled date of repayment after he/she has consented to the reduction or exemption of liabilities for the guarantor C:

Where separate property is discovered in addition to attached Form 1 owned by the public official prior to the date, or it is clearly identified that he/she is in office in the workplace, the details of the debt reduction or exemption shall be deferred.