(영문) 의정부지방법원 2015.06.26 2015나51327

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(영문) 의정부지방법원 2015.06.26 2015나51327

청구이의

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On July 16, 2012, the Plaintiff, C, and the network D (hereinafter “the deceased”) leased KRW 37,480,000 to C on September 30, 2012 without any interest agreement with a notary public on July 16, 2012, setting the due date for payment to C on September 30, 2012 and delay damages as KRW 12% per annum. The Plaintiff set the said debt as a joint and several surety as of December 30, 2012 by setting the maximum amount of the debt guaranteed by C as 37,480,00,000, and the duration of the guaranteed debt guaranteed by the said due date, and if the Plaintiff and C fail to pay the principal and interest of the borrowed money by the said due date, the Plaintiff and C recognize compulsory execution (hereinafter “instant authentic deed”).

B. On July 25, 2012, the Deceased died, and the Defendant, as his inheritor, succeeded to the claim against the Plaintiff and C based on the instant notarial deed, by granting an inheritance limited recognition as a district court 2012-Ma1618.

C. Since then, based on the instant notarial deed, the Defendant filed an application for the seizure and collection of claims based on the debtor, the third debtor No. 12354, Jul. 3, 2014, for the seizure and collection of claims that amounted to 37,480,000 for the Plaintiff, the third debtor No. 12354, Jun. 3, 2014.

Meanwhile, as Seoul Dongdong District Court 2012TTB18196, the Defendant’s creditor, was issued a seizure and collection order (hereinafter “the collection order for Yangyang Livestock Cooperative”) with respect to the Defendant’s claim based on the instant notarial deed, and the Plaintiff and C filed a lawsuit against the Plaintiff and C as Seoul Dong District Court 2013Kadan1830, but withdrawn the said lawsuit on April 1, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each branch number, if any), Gap evidence No. 8, 10, Eul evidence No. 2, and the purport of the whole pleadings

2. Determination of the parties’ assertion

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