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1. The plaintiff's respective claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 21, 2010, the Plaintiff filed an order for payment with the Suwon District Court F Co., Ltd. (hereinafter “F”) with the payment order under the Suwon District Court Branch Branch Order 2010 tea7371, and on October 21, 2010, the Plaintiff received an order for payment stating that “F shall pay to the Plaintiff the amount of KRW 200,000,000 and the amount calculated at the rate of 20% per annum from the day following the delivery of the original copy of the payment order to the day of complete payment.” The above payment order was finalized on December 8, 2010.
On April 15, 2011, the Plaintiff received a seizure and collection order on the purchase price and damages claim that F owns from a third party debtor, G, etc., as Seoul Central District Court 2011TTT 13101.
B. On May 16, 2007 between F and H, and the deceased C, the inheritee of the Defendants (hereinafter “the deceased”), a notary public signed a notarial deed under a monetary loan agreement (hereinafter “notarial deed”) with No. 49, 2007, as a law firm I’s notarial deed (hereinafter “instant notarial deed”).
In the notarial deed of this case, the obligee lent KRW 2,90,000,00 to the obligor on February 20, 2003, and the obligor (F and H) decided to repay the above amount to the Deceased until June 18, 2007. Interest rate shall be 20% per annum, and when delay in the repayment of principal or interest, delay damages shall be paid at the rate of 20% per annum on the delayed principal or interest rate. In the event of failure to perform the monetary obligation under this contract, delay damages for delay shall be paid at the rate of 20% per annum on the delayed principal or interest rate. In the event of failure to perform the monetary obligation under this contract, the obligee immediately recognized that there was no objection.
C. On April 15, 2011, the Deceased, based on the instant notarial deed, received a claim attachment and collection order as to the above claim for the purchase price, etc., which F had against a third party debtor, including G, by Seoul Central District Court 2011TT No. 13101.
G et al., third parties debtors, etc. deposited the amount of credit in the F future, and the distribution procedure was carried out as Seoul Central District Court E, and the deceased is based on the claim in the Notarial Deed.