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(영문) 서울중앙지방법원 2016.10.18 2015가단5396503
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 18,447,188 and the interest rate of KRW 15% per annum from September 28, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. Nonparty B issued, on July 1, 2009, the date of issuance, July 1, 2009, and on November 12, 2009, a promissory note which became the Seoul Metropolitan Government at the place of payment and the place of issuance (hereinafter “instant promissory note”). On November 11, 2009, when delayed the payment of the instant promissory note, Nonparty B drafted a notarial deed stating the purport of recognizing and recognizing that there is no objection even if it is subject to compulsory execution (No. 1272) by a notary public on November 11, 2009.

B. Nonparty D, the father of B, claimed that B lent KRW 40 million to B from April 24, 2001 to September 24, 2004, KRW 250 million, KRW 50 million on August 31, 2005, KRW 50 million on December 31, 2007, KRW 50 million on June 11, 2009, KRW 40 million on June 11, 2009. On September 2, 201, Nonparty D filed an application for a payment order for loans (Seoul Northern District Court Decision 201Da6864, Seoul Northern District Court Decision 201Da6864) and received an order for payment of KRW 20 million on September 14, 201, the payment order became final and conclusive on September 14, 201, and damages for delay from the next day on which the original was served.

C. D, on March 27, 2012, with its executive title named the original copy of the above payment order, was subject to the attachment and assignment order as to the claim amounting to KRW 400 million against the Defendant as indicated in the attached list (hereinafter “instant benefit claim”) by Seoul Northern District Court 2012TTT Division 201TTT3902, and the said order was served on March 29, 2012 on the Defendant and became final and conclusive on April 13, 2012.

On June 7, 2012, the Plaintiff, based on the original copy of the notarial deed as above, filed a claim amounting to B as KRW 296,110,959 (=296,08,719) with the Seoul Northern District Court Decision 2012, Jun. 11, 2012, for the seizure and collection order of the claim amounting to KRW 296,110,959 (i.e., the remaining principal and KRW 296,08,719).

E. As to the instant wage claim, the Defendant deposited the instant wage claim pursuant to Article 248(1) of the Civil Execution Act, and the distribution procedure, etc. was carried out as follows.

(1) The defendant shall be on September 21, 2012.

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