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(영문) 서울고등법원 2017.02.03 2016나2052560
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. On March 19, 2012, D and the Defendant: (a) borrowed KRW 200 million from D from D to July 15, 2012; (b) repaid KRW 500,000 on a 15th day of each month from April 15, 2012 to July 15, 2015; and (c) drafted a notarial deed stating the Defendant’s joint and several liability (hereinafter “notarial deed No. 285”); (b) on September 25, 2012, C, the Plaintiff’s representative director, borrowed KRW 200,000 from the Defendant, a notary public, a notarial deed No. 140 on September 25, 2012, C divided the said notarial deed into KRW 140,000,000 from the Defendant on a notarial deed as of October 14, 2012 to December 14, 2016.

C. On February 18, 2013, C and the Plaintiff: (a) borrowed KRW 200 million from the Defendant; (b) repaid KRW 30 million until March 15, 2013; and (c) made installment payments once every 34 million from March 15, 2013 to December 15, 2015; and (d) drafted a notarial deed with the content of joint and several sureties by the Plaintiff (hereinafter “instant notarial deed”).

On February 27, 2015, the Defendant was issued a seizure and collection order against the Plaintiff’s deposit claim under the Suwon District Court’s Ansan Branch 2015TT2814 on the basis of the instant authentic deed.

[Ground of recognition] Facts without dispute, Gap 1, 3 evidence, Eul 1 and 3 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is jointly and severally liable according to the notarial deed No. 285, and the Defendant repaid the obligation to G, thereby holding a claim for reimbursement against D as the principal obligor.

D At the request of the defendant, C, who is a child of D, agreed to pay the amount of indemnity to the defendant on behalf of the defendant, and made and issued a notarial deed No. 1440.

However, as C also failed to repay the debt according to C's No. 1440, the defendant on February 2013.

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