(영문) 인천지방법원 2016.07.13 2015가단66549

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.07.13 2015가단66549

청구이의의 소

Text

1. The Defendant’s notary public against the Plaintiff on June 9, 2014, No. 125, 2014.

Reasons

1. Determination as to the cause of claim

(a)The following facts are not in dispute between the Parties:

1) On June 9, 2014, the Plaintiff issued a promissory note in the face value of KRW 30 million with the Defendant as the addressee, and in the payment of the said note to the bearer of the said Promissory Notes on the same day, the Plaintiff’s notary public who cancelled the said note to the effect that he/she does not raise any objection even if he/she is subject to compulsory execution (hereinafter “notarial deed of this case”).

2) On November 23, 2015, the Plaintiff: (a) designated the Defendant as the deposited money and deposited the amount of KRW 30 million with the Incheon District Court KRW 9945 in the amount of 2015.

B. According to the above facts of recognition, barring any special circumstance, since the Plaintiff’s obligation to the Defendant by the Notarial Deed of this case has ceased to exist due to the above payment deposit, compulsory execution against the Plaintiff based on the Notarial Deed of this case shall be rejected.

2. Judgment on the defendant's defense

A. Determination 1 on the Defendant’s assertion of the non-payment of the funds was agreed to receive the funds calculated at the rate of 2% per month in the Plaintiff’s oral statement. As such, there is no evidence to deem that there was an agreement between the Plaintiff and the Defendant to pay the funds at the rate of 13.8 million won per month (i.e., KRW 30 million x 0.02 x 23 months) based on the notarial deed of this case before the payment of the funds for 23 months (i.e., KRW 30 million x 0.02 x 23 months). There is no evidence to deem that there was an agreement between the Plaintiff and the Defendant to pay the funds at the rate of 2% per month. Even if there was a domestic interest agreement

Therefore, the defendant's above assertion is without merit.

B. The costs necessary for compulsory execution under Article 53(1) of the Civil Execution Act shall be borne by the debtor, and the execution thereof shall be borne by the debtor.

참조조문

-민사집행법 제53조 제1항

유사 판례

-인천지방법원 2016.11.30 2015가단28172

-의정부지방법원 2021.03.16 2020가단143519

-수원지방법원 2017.07.18 2016가단531658

-대전지방법원공주지원 2017.12.07 2017가단1089

-수원지방법원 안양지원 2018.08.08 2018가단4701