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(영문) 대전지방법원서산지원 2015.10.27 2014가단9689
청구이의
Text

1. The defendant's notary public against the plaintiff has an executory power under Article 2716 of the 2009 deed drawn up by the Gangnam General Law Firm.

Reasons

1. Basic facts

A. The plaintiff is the representative director of the non-party C Co., Ltd., and the non-party D is the actual operator of the C Co.

C Around July 2004, a corporation borrowed a total of KRW 70 million from Nonparty E and issued a promissory note with face value of KRW 91 million to E. After accepting the above debt around July 2007, the Plaintiff issued a promissory note with face value of KRW 110,85 million to E.

B. On December 18, 2009, the Plaintiff and E agreed that the Plaintiff’s remaining loan amount shall be KRW 60 million (0.5% on December 17, 201) or KRW 78 million on the same day and KRW 78 million on the same day, and the due date shall be paid by the notary public on December 17, 201 of the document 2009 No. 2716 (hereinafter “notarial deed of this case”).

(hereinafter referred to as “instant agreement”). (c)

E on January 18, 2010, the Plaintiff drafted the following receipts (No. 3, hereinafter referred to as “instant receipts”).

"The amount of KRW 30 million out of the notarial deed of this case shall be paid in the amount of KRW 60 million on January 18, 2010 and the amount of KRW 30 million shall be paid immediately upon the repayment by the Plaintiff on January 18, 2010."

D. On October 14, 2012, E transferred a claim based on the instant notarial deed to the Defendant (hereinafter “transfer of claim”) and the Defendant was granted an execution clause by succession to the original copy of the instant notarial deed on November 1, 2012.

E. Based on the above succeeding execution clause, the Defendant applied for a compulsory auction of the fishery right to the Seosan BranchF of Daejeon District Court for the amount claimed as KRW 78 million, and the said court rendered a decision to commence compulsory auction of the fishery right on August 29, 2013 as stated in the separate sheet owned by the Plaintiff.

(f) On March 21, 2014, D prepared and sent to the Defendant an angle of the following contents (hereinafter referred to as “each of the instant notes”).

D The Plaintiff’s debt amounting to KRW 78 million against the Defendant is as follows.

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