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(영문) 수원지방법원 2020.07.23 2019가단28702
제3자이의
Text

No. 256 of the 2018 No. 2018 No. 256 of the document prepared by the defendant against D is a notary public.

Reasons

1. On May 2, 2018, the Defendant and D drafted a notarial deed stating that, with respect to a promissory note with a face value of KRW 150 million (150,000,000), the issuer, the Defendant, the date of payment, the place of payment, and the place of payment (hereinafter “notarial deed of this case”) signed by a notary public as of May 2, 2018, the Defendant and D shall be the holder of the said note, and that, if the payment of the said note is delayed, D shall be deemed to have no objection thereto even if they are subject to compulsory execution (hereinafter “notarial deed of this case”).

On June 5, 2018, the Plaintiff prepared a loan certificate stating that “in the event that the Plaintiff fails to repay the above five million won by the due date of the loan, the security for transfer for all movable property owned by D shall be established” while obtaining a loan of KRW 5 million from a financial institution to D.

Since then, when D’s financial standing has aggravated, the Plaintiff demanded D to establish a security for transfer of movable property owned by it. Accordingly, on December 3, 2019, the Plaintiff and D drafted a notarial deed of money loan contract for transfer security (hereinafter “notarial deed of this case”) with the content that “the Plaintiff, on March 31, 2019, lent KRW 5 million to D on March 31, 2019, the due date for payment was determined and lent on March 31, 2020. D, as indicated in the separate sheet (hereinafter “instant movable property”), with the intent to guarantee the Plaintiff’s performance of the said obligation, transferred the ownership of each of the movable property owned by D (hereinafter “the instant movable property”).

On December 4, 2019, the Defendant attached the instant movable property in Suwon District Court G, the Suwon District Court G, the domicile of Suwon District Court G, H apartment in Suwon-si, and I.

The loan maturity of the above 5 million won that the Plaintiff borrowed to D is June 5, 2020, and its principal has not been paid up until now.

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