(영문) 서울동부지방법원 2018.07.20 2017가단121640

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(영문) 서울동부지방법원 2018.07.20 2017가단121640

채무부존재확인

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1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Facts of recognition;

A. On April 11, 2014, the Plaintiff drafted a notarial deed in a monetary consumer loan agreement (hereinafter “notarial deed 1”) stating that “A notary public borrowed KRW 60,000,000 from Defendant B to Defendant B on July 1, 2012, and the due date shall be determined until April 30, 2014. When the Plaintiff delayed the repayment of principal or interest, the Plaintiff shall pay damages for delay at the rate of 30% per annum for the delayed principal or interest, and when the Plaintiff fails to perform his/her monetary obligation under the said contract, the Plaintiff shall immediately be subject to compulsory execution.”

B. On the same day, the Plaintiff borrowed KRW 43,00,000 from Defendant C on July 1, 2012 from Defendant C as a notary public’s deed No. 90, 2014, and determined the due date until April 30, 2014. When the Plaintiff delayed the repayment of principal or interest, the Plaintiff paid damages for delay at a rate of 30% per annum on the principal or interest, and if the Plaintiff fails to perform his/her monetary obligation under the above contract, the Plaintiff recognized that there was no objection even if he/she was immediately subject to compulsory execution.

"No. 2 notarial deeds" with the content of a monetary loan agreement less than notarial deeds.

(C) The Defendant C transferred his claim based on the No. 209, Sept. 6, 2017 to Defendant B, and thereafter notified the Plaintiff of the assignment of the claim. D. Defendant B as the successor of Defendant C, who was a notary public on December 11, 2017, was granted an execution clause for succession to the No. 209 from the law firm as a notary public on December 11, 2017. [In the absence of any dispute over the grounds for recognition, the entries in No. 1, 2, and 1, and the purport of the entire pleadings, as a whole.

2. Where the claim on the executive title regarding the legitimacy of the lawsuit against the defendant C is transferred and satisfies the requirements for setting up against the transferee, the standing to be a party to the execution shall be changed to the transferee, and the transferee shall obtain the succession execution clause.

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