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Reasons
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(영문) 서울중앙지방법원 2017.03.17 2016나59999
추심금
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination of the cause of the claim

A. The following facts are acknowledged according to the entries of No. 1 and the purport of the entire pleadings.

The Defendant owed KRW 6,500,000,000 by a notary public C’s notarial deed No. 1119 (hereinafter “notarial deed of this case”) prepared on December 2, 2014 with respect to SbC Co., Ltd. (hereinafter “SbC”), and was liable for KRW 6,500,000 by a notary public C.

The Plaintiff filed an application with the Busan District Court for the seizure and collection order of the claim amounting to KRW 50,684,931 with respect to the claim amount based on the instant notarial deed against the Defendant of Western C&C as the obligor and the Defendant as the third obligor, as Busan District Court 2015TT28095.

On December 15, 2015, the above court rendered a decision to accept it, and the original was served on December 17, 2015 to the defendant.

B. Thus, the defendant is liable to pay to the plaintiff the collection amount of KRW 50,684,931 and delay damages.

2. In full view of the Defendant’s defense (effective of the No. notarial deed of this case)’s written evidence No. 1 through No. 4, the Defendant’s written defense of KRW 1,920,000 out of KRW 6,50,000,000 by the No. notarial deed of this case was repaid, and the Defendant and the Housing Association Promotion Committee (hereinafter collectively referred to as “Defendant, etc.”) established on June 24, 2015 entered into an agreement to pay KRW 4,580,000 among the remainder of the debt 4,580,00,000 among the Dun C&C of this case’s written defense of KRW 2,250,330,000 by June 30, 2015 (hereinafter referred to as “No. 30,000,000 by October 30, 2015”) as to the No. 3015, 2015.”

Therefore, it is reasonable to view that the SnbC and the Defendant agreed on June 24, 2015, which was before the issuance of the collection order of this case, to invalidate the notarial deed of this case, while preparing a new notarial deed on June 24, 2015.

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