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(영문) 부산지방법원 2015.06.11 2014나3600
배당이의
Text

1. The part against Defendant B and D in the judgment of the first instance shall be revoked.

2. Busan District Court GG case:

Reasons

1. Basic facts

A. On February 27, 2006, a notary public of the Plaintiff and the Defendants’ title of debt to H: (i) the New Busan Joint Law Office prepared a notarial deed with the purport that “I shall pay to the Plaintiff KRW 1982 million by October 31, 2006; and (ii) H shall jointly and severally guarantee the Plaintiff’s debt to the Plaintiff; and (iii) I and H shall recognize compulsory execution in the event of nonperformance; (iv) Defendant B applied for a payment order against the Plaintiff under the Busan District Court Order No. 201298, Jun. 4, 2010; (v) Defendant B received the payment order from the above court on June 4, 2010, with the payment order of KRW 95 million and its husband; and (v) Defendant B received the payment order from the above court on June 1, 2005 to December 21, 2005.”

3) Defendant C received a payment order against H on June 4, 2010 from the above court by filing an application for payment order with the Busan District Court No. 2010 tea 11297, and on June 4, 2010, “H appears to have paid 60 million won and 24% per annum from October 1, 2005 to the date of complete payment.” The above payment order became final and conclusive around that time. Defendant D applied for payment order against I and H as the Busan District Court No. 201 tea 2299, and received payment order from the above court on November 25, 201, “I and H jointly received 678 million won and 30 million won among them, and the payment order became final and conclusive from October 1, 201 to 30 million won.”

5 Defendant E received a payment order from the above court on November 25, 201, stating that “I and H shall jointly and severally pay 1.4 million won to Defendant E and 5 million won per month from October 31, 201 to the date of full payment,” and the above payment order is issued.

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