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(영문) 수원지방법원 2017.07.05 2017가단509535
청구이의
Text

1. The Defendant’s notary public against the Plaintiffs is a monetary loan agreement of No. 3083, 2016.

Reasons

1. Evidence 【Evidence】 2-1 through 3, A3-1, 2, 3-1, 2-2, and the purport of the whole pleadings;

A. On October 27, 2016, the Plaintiffs to prepare notarial deeds between the Plaintiffs and the Defendant: (a) on November 29, 2012, the obligee Defendant lent KRW 100 million to the Plaintiffs to the obligor on November 29, 2012; and (b) on December 31, 2016, the due date for payment shall be December 31, 2016; (c) on condition that, when the Plaintiff A and the joint guarantor fail to perform a monetary obligation under this contract, the notarial deeds (hereinafter referred to as “notarial deeds of this case”) was prepared to the effect that they immediately

(No. 3083), No. 2016, No. 3083.b.

The claim attachment and assignment order 1) Creditors C&C Co., Ltd. (hereinafter referred to as “C&C”) shall be the creditor C&C Co., Ltd.

(2) On November 9, 2016, based on the executory payment order (No. 2013j7502) issued by the Defendant against the Defendant, on the basis of the executory payment order executed by the Defendant against the Defendant, the Defendant was issued an order of seizure and assignment as to the amount until the amount reaches KRW 100 million out of the claims based on the instant notarial deed held by the Defendant against the Defendant Defendant A (U.S. District Court Ansan Branch 2016TT23024), and the above attachment and assignment order was served on the Plaintiff on November 14, 2016, and on December 27, 2016, the Plaintiff paid KRW 100 million to the Defendant on C&C on November 18, 2016.

2. According to the above facts of recognition, the defendant's debt based on the notarial deed of this case against the plaintiffs was extinguished by the plaintiffs' repayment.

3. The plaintiffs' claims seeking the exclusion of executory power against the debt based on the notarial deed of this case are justified.

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