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(영문) 부산지방법원 2017.07.13 2016가단306395
배당이의
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 27, 2006, a notary public made a notarial deed with the purport that "K shall pay to the Plaintiff KRW 1982 million by October 31, 2006, and I shall jointly and severally guarantee the above obligation to the Plaintiff, and K and I shall recognize compulsory execution in the event of default. 2) On June 4, 2010, the defendant Eul filed against the Plaintiff with the Busan District Court order for payment of KRW 60 million with the Busan District Court No. 201297, and received the above order for payment from the above court on June 4, 2010 to 24% from October 24, 2005."

3) On November 25, 2011, Defendant C applied for a payment order with K and I as Busan District Court Decision 201j2298, and on November 25, 201, Defendant C received an order to pay the said amount of KRW 14 million to Defendant C jointly and severally, and KRW 55 million per month from October 31, 201 to the date of full payment. The above payment order became final and conclusive around that time pursuant to Defendant D and I’s commission on May 16, 2007, “I shall pay the loan amount of KRW 2670,000 to Defendant D by December 31, 2007, and shall pay the interest amount of KRW 170,000 to Defendant C by compulsory execution.”

5 Defendant E received an order for payment from Defendant E with the Busan District Court’s Dong Branch No. 2015j2138, Jul. 16, 2015, that “I shall pay to Defendant E the amount of KRW 60 million and the amount of money calculated at the rate of 24% per annum from November 16, 2010 to the delivery date of the original copy of the payment order, and 20% per annum from the next day to the date of full payment.”

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