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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is a person engaged in the business of selling paints and waterproofing construction, etc. under the trade name of “C,” and the Defendant is a representative director of D Co., Ltd. (hereinafter “D”).
B. On January 17, 2018, the Plaintiff filed an application against D for a payment order of KRW 51,457,484 with Seoul Western District Court Decision 2018Ra159, the Plaintiff applied for a payment order of KRW 51,457,484, and on March 22, 2018, the original copy of the payment order was not served in D and was implemented as Seoul Western District Court 2018Ma4690, and the said court rendered a final and conclusive judgment on September 14, 2018, stating that “D shall pay to the Plaintiff the amount calculated at the rate of KRW 51,457,484 as well as the amount calculated at the rate of KRW 15% per annum from July 5, 2018 to the date of full payment (hereinafter “related judgment”), and the said judgment became final and conclusive as is.
C. On October 5, 2018, the Plaintiff filed an application for the seizure and collection order (hereinafter “instant seizure and collection order”) against the debtor’s deposit claims against D, C, and C, G, and H by taking the debtor into account as the Bank, G, and H, the Bank of Korea, G, and H, and on October 10, 2018, the said court issued the seizure and collection order.
The Plaintiff requested E Co., Ltd. (hereinafter referred to as “E”) to collect claims, and the employee of E, on behalf of the Plaintiff, entered the creditor with the Defendant as the Plaintiff and the debtor in the written repayment agreement as follows only for 2018 years:
(hereinafter referred to as the “instant agreement,” and the formation of the agreement accordingly, was made, and the Defendant signed the instant agreement without the Plaintiff’s signature and gave it to the said employee.
Repayment Agreements
3. Amount of credit: 45,870,000 ni na na na na na na na na na na na na na na ni
4. Repayment schedule: 7.5 million won in gold 7.5 million won on January 29, 2019, as gold 7.5 million won on February 27, 2019, KRW 7.5 million on March 29, 2019, KRW 7.5 million on April 29, 2019.