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(영문) 수원지방법원안양지원 2014.07.24 2013가단27662
청구이의
Text

1. The defendant's notary public's office C office against the plaintiff was based on the notarial deed No. 1252 dated October 21, 1999.

Reasons

1. Basic facts

A. On October 21, 1999 between the Plaintiff and the Defendant, the Notarial Deed No. C Office No. 1252 (hereinafter “instant No. notarial Deed”) was drawn up as follows.

Article 1 (Purpose) Creditor (referred to as Defendant. The same applies to this case’s Notarial Deed) lent to the debtor (referring to the plaintiff. The same applies to this case’s Notarial Deed) a sum of money KRW 10 million (10,000,000) on October 21, 199, and the debtor borrowed it.

If the obligor under Article 2 (Period and Method of Payment) until February 21, 2000 delays the repayment of the principal or interest, the delayed payment shall be paid to the obligee at the rate of 25% per annum for the delayed principal or interest.

Article 9 (Recognition and Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized the absence of objection immediately even if compulsory execution has been enforced.

B. On January 29, 2010, the Defendant issued an execution clause on the instant corporeal movables and applied for a compulsory execution against the corporeal movables owned by the Plaintiff on February 17, 2010. Accordingly, a compulsory execution against the corporeal movables under No. 2010, No. 356 (hereinafter “ compulsory execution against the instant corporeal movables”).

(2) In the procedure on March 2, 2010, an execution officer intended to seize corporeal movables, but failed to execute the execution on the ground that they did not enter the Plaintiff’s domicile as the Plaintiff’s building, etc. (ii) thereafter, on the second execution date of compulsory execution of corporeal movables in the instant case implemented on September 23, 2013, seized corporeal movables, such as TBB owned by the Plaintiff, and the Defendant received a dividend of KRW 388,600 as to the interest on the claim based on the Notarial Deed on November 5, 2013.

C. The Plaintiff paid KRW 10 million in the instant case is the Defendant’s KRW 10 million in total, each of the KRW 5 million on October 31, 2013 and November 1, 201 of the same year, where a compulsory execution of the instant corporeal movables was underway (hereinafter “instant KRW 10 million”).

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