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(영문) 서울남부지방법원 2016.06.10 2015나8747
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. Plaintiff A (hereinafter “Plaintiff A”) is a company that manufactures steel structures and engages in wholesale and retail business, and Plaintiff B is a person who is the husband of Plaintiff A representative director D.

B. The Defendant filed a criminal complaint against the Defendant on the charge of fraud on the ground that the Defendant borrowed a bill or check from the Defendant and used it, and that the Defendant did not repay it, and the Defendant was under criminal trial against E.

C. Accordingly, the Plaintiff and Plaintiff A attempted to reach a criminal agreement with the Defendant on December 15, 201, with the aim of undermining criminal punishment against E, and on December 15, 201, the notarial deeds of the monetary loan agreement (No. 60,000,000 won on December 15, 2011 by the Plaintiff borrowed from the Defendant without interest, and from April 201 to September 2012, each of which shall be repaid in six times in six times each month from the end of each month (No. 10,00,00 won as of the end of each month from April 201 to September 2012; hereinafter “notarial deeds of this case”).

The defendant applied for the seizure and collection order (the debtor A and the third debtor Industrial Bank of Korea) from the Incheon District Court Branch of 2012 to 5516 on May 21, 2012, and the seizure and collection order (the debtor A and the third debtor Industrial Bank of Korea) reached the third debtor on June 28, 2012, and confirmed around that time. The defendant applied for the seizure and collection order (the debtor A, the third debtor, the debtor, the debtor, the new debtor, the new debtor, the Korean small and medium enterprise) under the Incheon District Court Branch Branch of 2014TT910 on July 31, 2014, and applied for the seizure and collection order (the seizure and collection order as of August 14, 2014) to the debtor on August 12, 2014, and became final and conclusive around that time, and applied for the commencement of the auction procedure by the Seoul District Court (the Seoul District Court) as the owner of the real estate (the debtor) on August 14, 2014.

(hereinafter “instant compulsory execution procedure”). E.

On January 9, 2015, the Plaintiffs, as Seoul Southern District Court No. 195 (Seoul Southern District Court 2015), appointed the Defendant as the principal deposit, on the ground of the Defendant’s refusal to receive KRW 60,00,000.

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