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(영문) 대구지방법원상주지원 2016.07.13 2015가단9713
집행판결
Text

1. Defendant B shall pay to the Plaintiff KRW 23,00,000 as well as 25% per annum from August 1, 2004 to the date of full payment.

Reasons

1. Basic facts

A. (1) On September 1, 2001, Defendant B completed the registration of ownership transfer on the E-owned building at Ansan-si on September 1, 2001, and on September 3, 2001, Defendant B completed the provisional registration of the right to claim ownership transfer registration on September 3, 2001. (2) On October 19, 2001, Defendant B leased the above roof tower to the Plaintiff on October 19, 2001 by setting the lease deposit amount of KRW 23 million and the lease period of KRW 1 year from October 25, 2001.

3) On April 16, 2002, F had completed the registration of ownership transfer on the basis of the above provisional registration with respect to the above building. 4) On November 27, 2002, the Plaintiff filed a lawsuit against F with the Suwon District Court Decision No. 2002Gadan8346 on November 27, 2002, seeking the payment of the lease deposit amount of KRW 23 million, but was sentenced to the judgment against the Plaintiff on July 11, 2003.

Accordingly, the plaintiff appealed on August 5, 2003 by Suwon District Court 2003Na11926, and the above court rendered the judgment in favor of the plaintiff on September 24, 2004, which became final and conclusive by the Supreme Court Decision 2004Da608677.

B. 1) On November 18, 2003, when the above lawsuit was pending, Defendant B made an agreement between the Plaintiff and the Plaintiff on November 18, 2003 that the Plaintiff borrowed the above lease deposit amount of KRW 23 million, which the Plaintiff did not receive from F, and that the Plaintiff will repay it to the Plaintiff in the future (hereinafter “instant agreement”).

(2) On December 2, 2003, Defendant B made and delivered a written statement, and on December 2, 2003, the content of the said agreement was notarized and awarded by a notary public No. 1454 in the Ghap Law Office Deed No. 1454, and on November 1, 2003, the said notarial deed (hereinafter referred to as the “notarial deed of this case”) states that “the Plaintiff set the amount of KRW 23 million to Defendant B on November 1, 2003 at maturity and at the rate of 25% per annum.”

2) The instant notarial deed is indicated as the joint guarantor of Defendant B’s notarial deed by Defendant B’s children, Defendant C, and D, who are ancillarys, and Nonparty C and D’s agents by Nonparty H. [The fact that there is no dispute over the grounds for recognition, Party A’s evidence Nos. 1, and Party B’s evidence Nos. 1 through 4, and the purport of the entire pleadings.

2. The assertion and judgment

A. Defendant B

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