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(영문) 수원지방법원 안산지원 2018.10.16 2018가단1377
청구이의
Text

1. The defendant's execution of the promissory note case against the plaintiff in Suwon District Court 2007 tea5483 is effective.

Reasons

1. Facts of recognition;

A. On August 17, 2005, the Plaintiff and C issued to the Defendant a promissory note with the face value of KRW 15 million, the date of issuance, August 17, 2005, the date of payment, June 30, 2006, the Defendant, the Defendant, and the place of payment, respectively (hereinafter “instant promissory note”). On the same day, the Plaintiff and C issued a promissory note with the said promissory note attached thereto, and a notary public made and issued a notarial deed (hereinafter “notarial deed of this case”) by the law firm name No. 521, 2005.

B. On the basis of the notarial deed of the Promissory Notes in this case, the Defendant received on April 2, 2007 the order of seizure and assignment of the claim under the court No. 2007TT No. 1736 on April 2, 2007 regarding the “amount up to the above claim amount with respect to the members’ pay, activity expenses, travel expenses, and session allowances (hereinafter “the Defendant”) to be paid by DIC from DIC as the claimed amount, and the above order was served on DIC, the garnishee on April 4, 2007.

C. From April 26, 2007 to June 21, 2007, the Defendant received payment of KRW 8,420,670,00 for each month from the claims, such as the instant benefits, etc., as indicated in the attached Form from D Council, in total, KRW 2,806,890.

The Defendant filed a claim against the Plaintiff for the payment order under this Court No. 2007 tea5483 with respect to the remaining KRW 96,579,300 except for the amount paid under subsection (c) at the face value of the Promissory Notes at KRW 1.5 million, and damages for delay at the rate of 20% per annum from the day following the delivery date of the original copy of the payment order to the day of complete payment. The Defendant received the payment order on July 4, 2007 (hereinafter “instant payment order”). The above order was finalized on July 24, 2007.

E. Even after June 21, 2007, the Defendant received each amount indicated in the payment details in the attached Form from D City Council from November 20, 2009, such as the instant benefits, etc., on a monthly basis, and C.

The sum of the amounts described in the subsection has reached KRW 105,003,60.

However, the defendant issued the payment order of this case on December 23, 2009.

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