beta
Text
1. (a) No. 469, 2014, signed by Nonparty C and Defendant A on April 22, 2014.
Reasons
1. Determination as to the claim against Defendant A
A. 1) The plaintiff filed a lawsuit against Jeonju District Court 2006Gau16825 claim against C, and on May 1, 2006, the plaintiff received a recommendation for performance that "C shall pay to the plaintiff 5,490,901 won per annum from December 6, 2003 to the delivery date of a copy of the complaint and 20% per annum from the next day to the day of full payment." The above decision was finalized on May 25, 2006.
(B) On April 15, 2015, upon the decision of performance recommendation, the Plaintiff received a seizure and collection order (the claimed amount of KRW 15,542,010) with respect to the payment claim against the third obligor, Jeollabuk-do from the Jeonju District Court, 2015 Gunsan Branch, 2015TB269, and Defendant A received a seizure and collection order (the claim amount of KRW 15,542,010) with respect to the payment claim against the third obligor, Jeollabuk-do. (2) On June 20, 2012, Defendant A received a seizure and collection order of Defendant A’s claim from Nonparty G to the Defendant, and again, he/she received a loan certificate from G that a notary public borrows borrowed KRW 50 million from the Defendant, and on April 22, 2014, the deed of debt loan agreement (hereinafter “notarial deed of this case”).
(1) The notarial deed of this case is issued. The notarial deed of this case approves that G bears the obligation of KRW 70 million against Defendant A on May 1, 2012 under a monetary loan agreement, and sets the due date for payment as of December 31, 2013; and 0.5% per annum as of December 31, 2013; and that C provides that the said obligation is jointly and severally and severally guaranteed by Defendant A (hereinafter “instant joint and several guarantee agreement”).
(B) On June 2, 2014, on the basis of the instant notarial deed, Defendant A received a collection order (amounting to KRW 70,035,950) regarding the claim for benefits against the third obligor of Jeollabuk-do, under the Jeonju District Court’s Gunsan Branch Branch 2014TTT3192, as to the claim for benefits to Jeollabuk-do.
3) The Jeollabuk-do’s aforementioned proceeding is conducted.