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(영문) 부산지방법원 2016.08.26 2016나780
청구이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The facts under the recognition of facts are either in dispute between the parties or in full view of Gap evidence 1, 3, and 4, Eul evidence 3 and 5 (including the numbers), and part of the testimony of the witness C of the first instance trial, the whole purport of the pleadings can be acknowledged.

The defendant filed a complaint against C, who is an employee of an entertainment drinking club, for the crime of occupational embezzlement, and C was indicted for the crime of occupational embezzlement, and on July 12, 2005, the Busan District Court issued a summary order of KRW 3,000,000 by a fine of approximately 24549, which was issued on September 16, 2005.

B. C was liable for a number of obligations against the Defendant. From May 21, 2005 to December 11, 2005, C remitted KRW 7,800,000 from the passbook in the name of the Plaintiff to the Defendant, and remitted KRW 20,053,00 from January 11, 2005 to November 20, 206 to the passbook in the name of the Plaintiff, and partly repaid the Defendant’s obligations to the Defendant.

C. Meanwhile, according to the commission of the Plaintiff, who is the birth of the Defendant and C, on December 22, 2004, a notarial deed stating that “The Plaintiff borrowed KRW 20,000,000 from the Defendant on December 22, 2004 at the rate of delay damages from the Defendant on December 22, 2004, 60% per annum, and the due date for repayment until June 30, 2007, and recognition of the Defendant’s compulsory execution” (hereinafter “notarial deed of this case”).

On December 24, 2014, the Defendant received a seizure and collection order as to part of the Plaintiff’s deposit claims against the Busan Bank as Busan District Court Branch No. 2014TTT 1337 on December 24, 2014.

E. The Busan District Court deposited the amount of debt to the Plaintiff as Busan District Court Branch Branch No. 2015Hun-Ga31, and the Defendant participated in the distribution procedure E case of the Busan District Court branch branch branch court's distribution procedure as the collection creditor. Accordingly, the above court prepared a distribution schedule that distributes part of the deposit money to the Defendant on February 26, 2015.

(f).

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