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1. A notary public signed on June 7, 2013 between the Defendant and B is on the notarial deed No. 310, 2013.
Reasons
1. Fact-finding;
A. The Plaintiff entered into a credit guarantee agreement between B and B on the repayment obligation of principal and interest in obtaining a business loan from Busan Bank, etc., and as B failed to repay the above loan obligation, the Plaintiff subrogated to Busan Bank, etc. for the obligation.
B. Since then, the plaintiff filed a lawsuit against B, etc. for the claim for reimbursement, etc. with the Busan District Court 2002Gahap6190, and thereafter, filed a lawsuit for the extension of extinctive prescription with the Busan District Court 2013Kadan5826, May 28, 2013, and again filed a lawsuit for the extension of extinctive prescription with the Busan District Court 2013. The judgment below became final and conclusive on March 21, 2002 for KRW 307,950,652 as well as KRW 136,374,68 as to KRW 136,68 as to the plaintiff, from March 21, 202, from April 1, 2002 to May 29, 2002, and from the next day to the day of complete payment, the amount calculated by 18% per annum as of June 12, 2013.
C. On June 7, 2013, the Defendant, as between B and B, drafted a notarial deed of debt repayment contract (quasi-loan for consumption) between “B recognizes that the Defendant has a debt of KRW 200 million pursuant to the agreement on the borrowing of patent equipment development funds, and the said KRW 200 million has been repaid in lump sum until June 12, 2013, and the purport of recognizing compulsory execution at the time of nonperformance of obligation,” (No. 310 of an international deed of law by a notary public).
(hereinafter referred to as the “instant performance agreement”) D.
The Defendant, with the title of execution, received each of the instant notarial deeds attachment and assignment order (201,154,628 won from Busan District Court Decision 2013TTTB, 2013TTB, 6738, and 201,154,628 won from the claim amount) as to the wage claim against B Co., Ltd. (hereinafter “City/Do merchant”), and issued the attachment and assignment order (2014TB branch court from Busan District Court 2014TB branch court 2014TB branch court 217,789,375 won).