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(영문) 대전지방법원 천안지원 2018.11.28 2018가단7159
청구이의
Text

1. The Defendant’s decision on the recommendation of performance for the collection of the collection money amounting to Daejeon District Court Branch 2018Gau7306 against the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 12, 2014, the Plaintiff leased to C a deposit of KRW 5,00,000,000, and KRW 350,000,00 each month of rent, the amount of KRW 3,50,000, which is owned by the Plaintiff (hereinafter “instant apartment”).

B. On November 4, 2016, E: (a) borrowed KRW 50 million from the Defendant at interest rate of 12% per annum; (b) agreed to pay KRW 20 million on December 30, 2016 in four installments; (c) KRW 10 million on March 30, 2017; (d) KRW 10 million on June 30, 2017; and (e) KRW 10 million on September 30, 2017; and (e) C agreed to provide the Defendant with the said joint and several liability.

E prepared and awarded to the Defendant a notarial deed of monetary loan agreement (No. 1454, 2016, a notary public) with the above contents as the agent of the debtor C.

C. Based on the above notarial deed, the Defendant: (a) filed an application with the Daejeon District Court for a seizure and collection order against the obligor C, the garnishee, the Plaintiff, and the amount claimed as KRW 30 million; and (b) (c) from March 1, 2016, the Defendant filed an application with the Plaintiff for a seizure and collection order against the above amount of the lease deposit refund claim that C paid from the Plaintiff when leasing the instant apartment from the Plaintiff; (d) however, if there is any amount that C is able to obtain preferential repayment pursuant to Article 8 of the Housing Lease Protection Act and the Enforcement Decree of the same Act, the said amount is excluded; and (e) the said court accepted it on October 27, 2017 and issued a seizure and collection order (hereinafter “instant seizure and collection order”).

Around that time, the above seizure and collection order were served on the Plaintiff.

On April 22, 2018, the Defendant filed a lawsuit against the Plaintiff based on the instant claim attachment and collection order under the Daejeon District Court’s 2018 Ghana7306, and received a decision of performance recommendation from the above court that “the Plaintiff shall pay to the Defendant KRW 30 million and delay damages therefrom” (hereinafter referred to as “decision of performance recommendation of this case”), and the Defendant received the said decision.

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