(영문) 부산지방법원 2019.06.28 2018나59618

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(영문) 부산지방법원 2019.06.28 2018나59618

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. Basic facts

A. On June 1, 2007, the plaintiffs and the defendant entrusted a notary public with the preparation of a notarial deed under a monetary consumer loan agreement with the content that "the plaintiff A borrowed five million won from the defendant on June 1, 2007, to pay it to the defendant by June 30, 2007, and the delay payment rate shall be 36% per annum, and the interest rate for delay shall be 36% per annum, and the plaintiff B shall jointly and severally guarantee the above obligation of the plaintiff A," and completed a notarial deed (the notary public No. 1293, 2007; hereinafter referred to as "first notarial deed").

B. On April 23, 2007, Plaintiff A received a payment order with the purport that “E shall pay the Plaintiff KRW 10 million and its delay damages,” from the Busan District Court Decision 2007Hu9836 (hereinafter “instant payment order”), and the said payment order was finalized around that time.

C. On September 11, 2007, the Defendant received the claim based on the instant payment order from the Plaintiff A to E, and the Defendant and E entrusted the notary public with the preparation of a notarial deed of debt payment contract to the D Legal Office, and made a notarial deed (No. 2027, 2007, No. 2027, hereinafter “No. 2 authentic deed”) with the following contents.

The amount of money equivalent to 20 million won of the notarial deed of debt repayment contract shall be 0 million won which the debtor (E) shall pay to the creditor (the defendant) and the amount of money which the plaintiff A shall pay to the creditor (E) in the amount of 0 million won which the creditor shall be paid to the creditor. The debtor under Article 2 (Period and Method of Payment) shall pay this case to the creditor by September 30, 2007.

Plaintiff

A With regard to “the amount up to 14,309,660 won out of the claims based on the Notarial Deed of Money Loan Agreement held by E against F” in Busan District Court Decision 2009 Tachi14480, Jul. 2, 2009 with the authentic copy of the instant payment order as the executive title, A shall be subject to the seizure and collection order (hereinafter “the collection order of this case”).

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