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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On June 27, 2003, the Plaintiff and Nonparty B drafted a notarial deed of a monetary loan agreement (Law Firm Cheongju, Law Firm 2003 No. 3452) stating that “The Plaintiff loaned KRW 20,000,000 to B on June 27, 2003 by fixing the due date on July 31, 2003, and if B fails to perform the monetary obligation under the above contract, it shall be acknowledged that there is no objection even if it is immediately subject to compulsory execution.”
B. On the same day, the Plaintiff and B also drafted a notarial deed (Quasi-Loan for Consumption) stating that “The Plaintiff bears the obligation of KRW 100,000,000,000 which was subrogated by the Plaintiff on May 19, 200, B shall pay the said money to the Plaintiff by December 31, 2004, and if B fails to perform the obligation under the above contract without delay, it shall be acknowledged that there is no objection even if compulsory execution.”
C. On June 18, 2013, the Plaintiff received a claim against the Defendant under the notarial deed with executory power (a total of KRW 120,000,000) as to the claim against B as to the Defendant on June 18, 2013, under the Busan District Court 2013TTTT15831 (hereinafter “instant claim seizure and collection order”), and served on the Defendant on June 21, 2013, and the said decision stated that “B” as to the current balance among the claim for payment of medical insurance payment claims to be paid by the Defendant each month and the entire amount of the above claim amount to be paid in the future.”
The Plaintiff rendered, on November 4, 2013, Busan District Court Decision 2013Kaga2477, that “B” revised the claim to seize and collect the instant claim from the Defendant for expenses for long-term care benefits to be paid to the Defendant each month, with the amount of money until it reaches the claim amount for all of the current balance and the expenses for long-term care benefits to be paid in the future (hereinafter “instant decision of correction”).