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1. The defendant's appeal is dismissed.
2. The costs of appeal are assessed against the defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. (1) On December 4, 2008, the Defendant acquired a collection order from the Defendant: “The debtor is Nonparty C Co., Ltd. (hereinafter “C”) and the third debtor is Nonparty C C Co., Ltd. (hereinafter “CPPP loan”) and the claim amount is KRW 40,122,00,” and “C is issued a seizure and collection order against the FPP loan claim for the monthly rent claim for the FP store to be paid by C PPP loan (hereinafter “the monthly rent claim in this case”); and on December 9, 2008, the above order was served on PPPP loan.
(2) On February 26, 2009, the Defendant received a seizure and collection order as to the monthly rent claim of this case by designating the debtor C and the garnishee as "the amount of claim KRW 100 million" and the above order was served on C and C, and on March 4, 2009, on the monthly rent claim of this case (Seoul District Court KRW 2009TTTT74; hereinafter referred to as "the collection order of KRW 2009TT74; hereinafter referred to as "the collection order of KRW 2009TT74"), and on March 4, 2009.
B. On March 16, 2009, C prepared a notarial deed stating that “When C delays the payment of the above amount, it shall be recognized that there is no objection even if it is immediately conducted compulsory execution” with the purport that “The amount of 1.926 million won is issued, the date of issuance, March 16, 2009,” and that “C does not raise any objection against the payment of the above amount.”
(2) On March 30, 2009, the Plaintiff served on March 30, 2009 the original copy of the instant notarial deed, the debtor C and the third debtor with the executory power of execution, as the amount of KRW 1.5 billion. The Plaintiff received the seizure and collection order of the instant monthly rent claim (U.S. District Court Decision 2009T. 2009T. 1332; hereinafter hereinafter referred to as the same as the collection order), and on April 22, 2009, the said order was served on C and C, the obligor, and the third debtor.
(c).