beta
Text
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
Reasons
1. Basic facts
A. C, at the face value of the Plaintiff, issued a promissory note which became the Seoul Metropolitan Government (hereinafter “instant promissory note”) on July 1, 2009, the date of issuance, July 1, 2009, the date of payment, November 12, 2009, the place of payment, and the place of issuance. On November 11, 2009, when delay in the payment of the instant promissory note is delayed, a notarized deed stating the purport of recognizing and recognizing that there is no objection even if compulsory execution is conducted, (No. 1272) was written by a notary public (No. 209).
B. Meanwhile, the Defendant, who is the father of C, filed a claim against C on September 2, 201 with “C shall pay to the Defendant the amount of KRW 400 million and the amount calculated at the rate of 20% per annum from the day following the delivery of the payment order to the day of full payment.” The cause of the claim was as follows: “The Defendant, from April 24, 2001 to September 24, 2004, KRW 250 million; KRW 50 million on August 31, 2005; KRW 50 million on December 31, 2007; KRW 50 million on December 31, 2007; KRW 40 million on June 11, 2009; and the Defendant did not receive the original copy of the loan payment order (Seoul Northern District Court Decision 201 tea684; hereinafter “instant case”) and did not receive the original copy of the loan payment order of KRW 15 million on September 19, 2015.
C. On March 27, 2012, the Defendant, with the title of execution, received an order for seizure and collection of claims against C’s benefits, etc. related to C’s educational foundation D by Seoul Northern District Court Decision 2012TTTTTTE 201TTE 3902 (the assignment order was served on the third obligor on March 29, 2012 and became final and conclusive on April 13, 2012). On June 11, 2012, the Plaintiff, with the title of execution, obtained the order for seizure and collection of claims against C’s benefits, etc. related to C’s educational foundation D as the title of execution (the claimed amount was KRW 296,110,959).
Under Article 248(1) of the Civil Execution Act, school juristic persons D deposited 8.3 million won (Seoul Northern District Court 2012No. 2896) paid from March 2012 to August 2012 by C pursuant to Article 248(1) of C, and the said deposit.