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(영문) 서울중앙지방법원 2016.12.06 2016가단43412
청구이의
Text

1. Each of the claims in this case filed by the Plaintiff (Appointed) and the Appointed C are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On May 11, 201, the Plaintiff (Appointed Party) granted, on behalf of the Appointed C, a notary public of May 11, 201, a creditor D, debtor C, and the debtor’s agent Plaintiff (Appointed Party) the liability for labor cost of KRW 47 million to D, the creditor, and the debtor C, a notary public of May 11, 201, is liable for labor cost of KRW 300,000,000,000,000 on May 20, 2011, and KRW 50,000,000,000 on May 31, 201, and KRW 31, 201, and KRW 30,000,000,000 on July 31, 201, to the effect that if the debtor C fails to perform the above obligation, a notarized deed of this case shall not be valid even if compulsory execution is conducted immediately.

was prepared and issued.

B. On August 5, 2011, the Selection C prepared and issued to D a written confirmation that he/she will pay KRW 42 million remaining after paying KRW 5 million out of the debt of KRW 47 million stated in the instant notarial deed and interest at a rate of 20% per annum from August 1, 2011 to the date of full payment.

C. On May 1, 2012, D: (a) between the Defendant on May 1, 2012, as well as D, to secure KRW 35 million borrowed from the Defendant, the claim on the instant notarial deed is transferred to the Defendant; and (b) hereinafter referred to as “a contract on the assignment of claims” with the purport to deliver the authentic copy of the instant notarial deed to the Defendant.

AB concluded the agreement.

In accordance with the agreement at the time of the instant assignment contract, the Defendant notified the designated parties C of the assignment of the instant claim on behalf of D on September 11, 2012 by content-certified mail, and at that time, notified the designated parties C of the assignment of the instant claim.

D delivered the original copy of the instant notarial deed to the Defendant under the instant assignment contract, and on January 19, 2015, the Defendant was granted the succeeding execution clause in order to enforce compulsory execution to the Appointor C based on the instant notarial deed.

D The defendant is entitled to claim under the Notarial Deed of this case.

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