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(영문) 광주지방법원해남지원 2016.09.06 2015가단4853
제3자이의
Text

1. The defendant is based on the executory exemplification of the judgment of Gwangju District Court 2015 Ghana 2035 with respect to C.

Reasons

1. Facts of recognition;

A. The movable property listed in the separate sheet (hereinafter “instant movable property”) was owned by C, and the Plaintiff and D are children of C.

(C) fact that there is no dispute;

On October 13, 2015, C and D entered into a contract with C, including the instant movable property, as security for transfer, to secure D’s obligation, and the notary public entered into a contract to provide E with the items owned by C, including the instant movable property (hereinafter “instant security contract”) as security for transfer (hereinafter “the instant security for transfer”) with the Fjoint Law Office No. 1567 of 2015, the principal contents of which were as follows:

(A) Nos. 2 and notarial deeds shall include the movable property of this case in the attached list).

The creditor of Article 1 (Monetary Lending) of the Gwangju Local Area, which the defendant filed against C, lent the amount of KRW 30 million to the debtor on May 30, 2015, and the debtor borrowed it.

Article 2 (Method of Performance) The payment key until May 30, 2016.

Article 3 (Interest) Interest shall be 10% per annum, and shall be paid at the 30th day of each month.

Article 8 (Recognition and Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognize and recognize that there is no objection even if compulsory execution has been conducted immediately.

Article 9 (Transfer for Security) The debtor and the joint guarantor transferred the ownership of the articles listed in the separate sheet, which are their ownership, to the creditor by means of possession and alteration, for the purpose of securing the performance of the above obligation, and the creditor acquired it.

Article 11 (Profit from Use) An obligor and a joint guarantor may enjoy profits from gratuitous use of an object transferred for security while he/she occupies the object transferred for security.

At this time, the debtor shall use the mortgaged property with due care as a good manager according to its original purpose of use, and bear the expenses for the damage, repair, and other preservation and profit-making during use.

On October 29, 2015, the creditor E joint and several sureties support 2015 Ghana 2035 case for the purchase of goods at the C court, the creditor D debtor D, and the defendant 15,150,000 won and this is related thereto.

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