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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
Reasons
1. Facts of recognition;
A. In around 2012, the Plaintiff prepared a notarial deed (No. 395, 2012, hereinafter “No. 395,”) with the content that “the Plaintiff bears the Defendant’s principal liability of KRW 15 million to the Defendant.”
B. Based on the instant notarial deed, the Defendant requested a seizure and collection order of the amount of KRW 13,756,493 on June 1, 2012 with respect to the Plaintiff’s claim for the refund of the lease deposit against C as the Incheon District Court 2012TTT 15129 (i.e., the remaining amount of KRW 13.6 million out of the principal of the said notarial deed) (i.e., KRW 156,493), and received a acceptance order from the above court on June 18, 2012 (hereinafter “collection order of deposit”) and received a acceptance order from the above court on July 18, 2012 (i.e., Incheon District Court 2012TT 18570 on each of the third obligors of the said notarial deed).
(hereinafter referred to as “sales price collection order”). C.
The Defendant, based on the collection order of deposit, received KRW 13,756,493 from C to the Defendant’s account under the name of the Defendant on November 26, 2013, and received KRW 13,876,947 on September 5, 2012 based on the collection order of sale price, and received KRW 289,200 on July 13, 2012, and KRW 964,29 on August 10, 2012, respectively.
In addition, based on the notarial deed of this case, the Defendant applied for the auction of corporeal movables concerning the Plaintiff’s owned property under Incheon District Court Branch Branch 2012No3764, and received 3,105,90 won from the dividend court on February 6, 2016.
[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1-4, 6-9, and 12, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, around June 1, 2012, which was the time of filing an application for a collection order, the Defendant owned the Plaintiff’s claim equivalent to KRW 13,756,493 based on the Notarial Deed. However, from September 5, 2012 to February 6, 2016, the Defendant calculated a collection order, etc. based on the deposit amount, etc. from September 6, 2012 to KRW 19,92,839 =.