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(영문) 의정부지방법원 2014.08.22 2013가합11116
청구이의
Text

1. The Defendant’s notary public against the Plaintiff No. 99, 2013, drawn up on April 1, 2013, 2013.

Reasons

1. Basic facts

A. On April 1, 2013, the Defendant paid KRW 300 million to C Co., Ltd. on April 1, 2013, the Defendant drafted an authentic deed of a monetary loan agreement as stipulated in paragraph (1) of this Article stating that: (a) the Plaintiff, the obligee, the obligor C, the joint and several liability company, the Plaintiff and the Plaintiff, the joint and several liability company, the loan amount of KRW 600 million, the due date for payment, KRW 30 million, June 3, 2013, and the obligor and the joint and several liability company recognize compulsory execution at the time of default.

B. On August 12, 2013, the Defendant received a claim attachment and collection order (Seoul Central District Court 2013TTT25688) as to the deposit claim against the New Bank and the Korean National Bank on the basis of the above notarial deed (Seoul Central District Court 2013TTT25688), and the west Co., Ltd. deposited KRW 337,233,000 with the Defendant as the principal deposit on August 29, 2013 with the Seoul Southern District Court 4114 in 2013.

C. Meanwhile, on the basis of the above notarial deed, the Defendant applied for a compulsory execution on each of the corporeal movables listed in the separate sheet owned by the Plaintiff (Korean Government District Court 2013Du5734), and accordingly, on August 14, 2013, each of the said corporeal movables was seized, and the date of sale was designated as September 26, 2013.

Accordingly, the Plaintiff filed the instant lawsuit on October 2, 2013, and filed a motion seeking suspension of compulsory execution of the said corporeal movables (the District Court Decision 2013Kao1226). On October 17, 2013, this Court rendered a decision to suspend compulsory execution (the District Court Decision 2013Du5734) against each of the corporeal movables listed in the separate sheet on August 14, 2013, on the condition that the Plaintiff deposit KRW 10,00,00 as security, on the condition that the Plaintiff deposits KRW 10,00,00,00,00).

[Ground of recognition] The fact that there is no dispute, significant fact in this court, entry in Gap's evidence Nos. 1 through 4, and purport of whole pleading

2. The assertion and judgment

A. The plaintiff 1's assertion is a loan of KRW 300 million that the defendant paid to C, a corporation, and that is.

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