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(영문) 전주지방법원남원지원 2015.01.28 2014가단10732
배당이의
Text

1. C and the Defendant within the limit of KRW 26,895,489 under a monetary loan agreement concluded on March 31, 2011 between C and Defendant A.

Reasons

1. Facts of recognition;

A. On July 18, 1997, the Plaintiff was sentenced to the Seoul District Court Decision 97Da12923 Claims against C and forced execution 1) that “C shall pay to the Plaintiff 17,601,212 won and 10,949,574 won with interest rate of 18% per annum from October 23, 1995 to the date of full payment.” The judgment became final and conclusive on August 8, 1997. The Plaintiff was sentenced to the Seoul District Court Decision 2013Ma219 decided on March 19, 199 to the Plaintiff with interest rate of 3,624,930 won and interest rate of C’s wage claims against Jeonnam-do, and the Plaintiff was sentenced to KRW 93,97Da1999 decided March 29, 197 with interest rate of 199 decided March 19, 209 and KRW 199 decided March 29, 2097.

Based on the above judgment's principal and interest claim, the Plaintiff was issued a seizure and collection order with respect to the wage claim against Jeonnam-do by Jeonju District Court 201TTTT 1551.

At present, the amount of principal and interest claim of the above judgment is KRW 17,050,660.

B. Compulsory execution 1 against Defendant A) On March 31, 2011, Defendant A prepared a notarial deed between E and E, the agent of Defendant C, a notary public, with the 2011 certificate No. 1940 of the former Joint Law Office (the creditor means Defendant A and the debtor C).

(2) Article 1 of the Act provides that “The obligor shall lend 30,000,000 won to the obligor on March 29, 2004 and the obligor shall borrow it.” Article 2 of the Act provides that “The interest shall be twenty percent per annum.” Article 3 provides that if the obligor and the joint guarantor fail to perform their monetary obligations under this Agreement, the obligor shall immediately be subject to compulsory execution.” Article 9 recognizes that there is no objection. 2) The Defendant A shall be subject to the said notarial deed.

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