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1. A debt repayment contract concluded on June 15, 2009 between C and Defendant A and the Defendant B concluded on January 4, 2013.
Reasons
1. Basic facts
A. 1) The Plaintiff, based on the Busan District Court Decision 2009Gadan124816 claim amounting to C, has a claim against C, 9,274,590 won, 53,129,586 won, and damages for delay thereof. 2) The Plaintiff, around April 12, 2012, issued a seizure and collection order with respect to the Defendant’s claim against Samsung Heavy Industries Co., Ltd. (hereinafter “ Samsung Heavy Industries”), as the Defendant’s charge claim against the Samsung Heavy Industries Co., Ltd. (hereinafter “ Samsung Heavy Industries”), as a custodian of the attachment and collection order.
B.1) On the other hand, on June 15, 2009, C drafted a notarial deed (Korea-style Law Firm, Law Firm 824, 2009) with Korea-style on June 15, 2009, and C borrowed KRW 140 million from the Defendant on January 20, 2002. The interest rate was 10% per annum, and when C, the debtor, performed a monetary obligation until June 30, 2009, did not raise an objection to compulsory execution immediately. (2) On January 11, 2013, Defendant A received a seizure and collection order as to C’s claim against Samsung Heavy Industries based on the claim under the said notarial deed under the Changwon District Court’s Dong Branch Branch 2013TT16.
C. 1) On August 4, 2009, C drafted a notarial deed No. 43, 2013 to Defendant B, stating that it will pay KRW 190 million by August 7, 2009 (No. 3848, 2009). In addition, C, on January 4, 2013, 2013, a notary public drafted to Defendant B a notarial deed No. 43, 2013 at a law firm Dae-Gyeong General Law Office, but C approved that it bears the obligation of KRW 190,000,000,000,000 annually, with interest as 12% until January 10, 2013, and if C, who is a debtor, fails to perform a monetary obligation, the said notarial deed did not immediately raise any objection.
3) On January 24, 2013, Defendant B received a seizure and collection order regarding C’s claim against Samsung Heavy Industries based on the claim stated in the notarial deed of the said large general legal office as the Changwon District Court’s 2013TTT140. D. (1) In Samsung Heavy Industries, Defendant B received a seizure and collection order.