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(영문) 부산지방법원 2016.06.24 2015나50214
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts below acknowledged facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in each of the statements in Gap evidence 1, 2, 3, Gap evidence 6-1, Gap evidence 14, Eul evidence 1 to 4, Eul evidence 6, Eul evidence 10-2.

On October 1, 2010, the Defendant lent KRW 150,000 to D, which was known through the introduction of E, and the Defendant and D, with respect to the above loan claims, on October 1, 2010, set up a notarial deed of money consumer loan agreement with the purport that a notary public lends light of D to F, who is a child of D, KRW 200,000,000,000, under No. 737 of the 2010 General Law Office, and F shall repay it until December 31, 2010, and delay damages shall be 30% per annum (hereinafter “instant notarial deed”).

B. On October 19, 2010, the Defendant additionally lent KRW 160,000,000 to D with respect to the above additional loans. On October 19, 2010, the Defendant and D drafted a notarial deed of a money loan agreement (hereinafter “notarial deed of this case”) to the effect that a notary public lends light of a law firm and the amount of KRW 240,000,000 to G (hereinafter “G”) operated by the Defendant as the No. 790 of the General Law Office No. 2010, Oct. 19, 2010.

C. On August 8, 2012, the Defendant received a collection order as to KRW 363,816,471 from among the claims against the Republic of Korea by G on August 8, 2012, as Busan District Court 2012TT17467.

On the other hand, on October 19, 2010, the Plaintiff lent KRW 220,000,000 to G. On October 19, 2010, the Plaintiff and G drafted a notarial deed of a money loan agreement (hereinafter “instant notarial deed”) to the effect that a notary public lends KRW 330,000,000 to G by means of light light-based law firm 791 on October 19, 2010, G shall be repaid until November 19, 2010, and delay damages shall be 30% per annum.

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