logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.07.05 2016가단100839
채무부존재확인
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff prepared an executory notarial deed (hereinafter “instant authentic deed”) with the content that “A notary public bears KRW 645,00,000 as a child support debt to the obligee (the Plaintiff in this case)” in 2009 and 1297, the Plaintiff agreed that the obligee shall repay the debt pursuant to the provisions of this contract, and the obligee shall accept it. The time and method during which the payment was due shall be 3,00,000 won and 215 times as of the end of each month from August 2009 to June 2027, the Plaintiff shall pay the Plaintiff 3,00,000 won, but if the repayment was delayed, the damages for delay calculated at the rate of 30% per annum as to the delayed amount shall be paid” (hereinafter “instant authentic deed”).

B. Based on the instant notarial deed, the Plaintiff filed an application for seizure and assignment order on December 5, 2012 against D’s wage claim against D as the debtor and Defendant B as the garnishee, and received an order for seizure and assignment of claims on the basis of the instant notarial deed.

(C) Changwon District Court 2012 Taz. 10531.

Based on the instant notarial deed, the Plaintiff applied for the attachment and assignment order on September 8, 2009 against D’s wage claim against D as the debtor and Defendant medical corporation’s administrator E as the third debtor, and received an assignment order on September 8, 2009 ( Changwon District Court 2009TTT1034).

Based on the instant notarial deed, the Plaintiff filed an order for seizure and assignment of claims against D as a debtor and Defendant C as a third debtor, and received an assignment order of claims against D on March 3, 2015.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, the purport of the whole pleadings, and the purport of the whole pleadings, as to the defendant medical corporation's prior medical foundation: deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

2. The assertion and judgment

A. The plaintiff's assertion is based on the notarial deed of this case.

(b)bee;

arrow