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(영문) 대구지방법원 2015.06.18 2014가합10100
청구이의
Text

1. The defendant's law firm Daegu General Law Office against the plaintiff on December 10, 2004 No. 2143 dated December 10, 2004.

Reasons

1. Basic facts

A. On December 10, 2004, C, the husband of the Plaintiff, was borrowed with interest of KRW 250 million from the Defendant at 36% per annum and due date on April 10, 2005 (hereinafter “instant obligation”).

B. On December 10, 2004, C on behalf of the Plaintiff, on the part of the Plaintiff, a notary public, stating that “The Plaintiff bears joint and several liability for the instant obligation (hereinafter “instant joint and several liability”), and if the Plaintiff fails to perform the joint and several liability of this case, he shall be aware that there is no objection even if compulsory execution is conducted,” prepared and issued a notarized deed No. 2143 of the Daegu General Law Office Deed (hereinafter “notarial deed of this case”).

C. On October 28, 2014, the Plaintiff filed a immunity and a petition for bankruptcy with the Daegu District Court 2013do5941, 2013Hadan5941, and the decision to grant immunity (hereinafter “the decision to grant immunity”) was finalized on November 12, 2014, and the decision to grant immunity became final and conclusive on November 12, 2014. The list of creditors submitted by the Plaintiff at the time of the decision to grant immunity was omitted from the Plaintiff’s joint and several surety obligation against the Defendant.

On October 14, 2014, the Defendant applied for a seizure and collection order as to each of the deposit claims against the Plaintiff No. 2014TF Co., Ltd. based on the instant notarial deed, and around that time, the original copy of the instant decision was served on the third obligor, including the Nonghyup Bank.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 4, 5-1, Eul evidence 1, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above basic facts, since the Plaintiff’s joint and several debt of this case against the Defendant was exempted from its liability by the decision on immunity of this case, compulsory execution, such as seizure and collection order, based on the Notarial Deed, shall not be permitted unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The defendant's assertion is around 2008.

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