Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. Nonparty C borrowed KRW 30,000,000 from the Defendant on January 201, 201, but paid KRW 10,000,000 to the Defendant, Nonparty C received KRW 15,00,000 as an advance for the purchase of wasteing.
B. On August 7, 2012, Nonparty C prepared a notarial deed of a contract for debt repayment with collateral security (hereinafter “instant notarial deed”) with a purport to pay KRW 41,000,000,000 each month from January 2013 to April 30, 2013, including the balance of the loan and advance payment, and interest thereon, KRW 6,000,000,000, etc., and the Plaintiff made a joint and several guarantee agreement for the said debt of Nonparty C (hereinafter “instant notarial deed”).
C. Based on the notarial deed of this case, the Defendant received a decision to seize and collect the Plaintiff’s claim against the Plaintiff’s claim for return of deposit money for deposit against Nonparty D and deposit claims against each bank.
(Reasons for Recognition) The fact that there is no dispute over the branch court of Busan District Court 2014TTT 8641. [Ground for Recognition], each entry in Gap evidence Nos. 1 through 4, the purport of the whole pleadings.
2. The plaintiff asserts that since the defendant exempted the debt of this case in return for the defendant's assistance in the Vietnam Factory, compulsory execution based on the No. 4 of this case should be denied. Thus, it is not sufficient to acknowledge the fact that the defendant exempted the defendant from the debt of the plaintiff, and there is no other evidence to acknowledge it.
3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.