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(영문) 대구고등법원 2018.01.31 2017나23432
청구이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On January 22, 2016, the Plaintiff, a punishment of D, prepared and issued a notarial deed under a monetary loan agreement (No. 1, No. 1, No. 86 of the notary public C office, No. 2016 of the notary public C office, hereinafter “notarial deed of this case”) stating that “as to the loan amount of KRW 400,00,00,000 per annum, the repayment period of which was set at 25% per annum, 2016, the debtor (the Plaintiff) recognized that there was no objection even if he/she was immediately subject to compulsory execution when he/she did not perform his/her monetary obligation under this contract.”

On June 3, 2016, the Defendant applied for a collection order for the Plaintiff’s deposit claim against the Daegu Bank and the Daegu Saemaul Bank under the Daegu District Court 2016TTTT8270 on June 3, 2016, and received the decision of acceptance on June 8, 2016.

【In the process of acquiring “F” as a meat processing plant from the Defendant, the Plaintiff’s assertion E and the Plaintiff’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her -

However, the Defendant, upon the execution of the above loan, deposited the loan in the name of H (E and D) account, and then deposited the above loan in the name of H (E and D) account, may cause D or E not to re-deposit the above loan to the Defendant. On the other hand, upon the execution of the above loan, the Plaintiff, who is a type of D, made the instant notarial deed to the Defendant at the guarantee level that all of the loans are deposited to the Defendant regardless of the amount of the loan.

At the time, the original defendant agreed to invalidate the above notarial deed, regardless of the amount of the loan, when the above loan is deposited to the defendant.

However, even if the defendant received all of 100 million won from the Korea Credit Guarantee Fund, he was issued a credit guarantee certificate of KRW 300 million at the beginning of the "the first", and was issued only a credit guarantee of KRW 100 million, and eventually granted a loan of KRW 100 million.

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