(영문) 광주지방법원 2017.07.14 2016가단525188

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(영문) 광주지방법원 2017.07.14 2016가단525188

청구이의

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1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. The parties' assertion

A. The plaintiff's assertion 1) The defendant is a notary public's notarial deed No. 4225 of December 11, 2008 (hereinafter "notarial deed of this case") signed on December 11, 2008.

On September 2016, the Plaintiff filed an application for a seizure and collection order with the Plaintiff’s deposit. On September 23, 2016, the Gwangju District Court issued a seizure and collection order with the Gwangju District Court 2016TT 13537. (2) The Defendant lent KRW 100 million to C around 2005, and C filed a complaint with the Defendant for a crime of fraud.

C requested the plaintiff to provide a joint and several surety for the defendant's obligations.

The plaintiff has prepared and executed the notarial deed of this case to the defendant with the intention of joint and several sureties's obligation.

3) Subsequent to that, C fully repaid KRW 100 million to the Defendant. Accordingly, since all obligations based on the instant notarial deed were extinguished, compulsory execution based on the instant notarial deed shall not be permitted. (b) The Defendant’s assertion 1) C bears the obligation of KRW 100 million to the Defendant, and C filed a complaint against the Defendant who did not repay the borrowed amount, and the Plaintiff prepared and executed the instant notarial deed to the Defendant.

However, the plaintiff did not prepare and apply the notarial deed with the intention of joint and several sureties.

2) C had a loan claim amounting to KRW 100 million in total against the Plaintiff. When C did not repay the debt to the Defendant and filed a complaint for fraud, the Plaintiff, a debtor of C, promised to accept the debt to the Defendant and repay the debt to the Defendant by the Defendant. This circumstance is the Notarial Deed was prepared. 3) However, the Plaintiff, a new debtor, did not repay the debt under the Notarial Deed by March 31, 2009, when the Plaintiff, a new debtor, was due.

The defendant who was urgently required to pay the money, requested C to lend KRW 100 million, and later paid KRW 100 million from the plaintiff.

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