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(영문) 광주지방법원목포지원 2020.08.26 2019가단56112
청구이의
Text

1. Certificate No. 778 of May 17, 2019 drawn up by the Defendant’s notary public against the Plaintiffs.

Reasons

Facts of recognition

The plaintiffs are the successors of deceased G (hereinafter referred to as “the deceased”) who died on September 19, 2019.

The defendant was the birth of the deceased.

The Defendant prepared a monetary tea certificate as of January 22, 2019 that the Deceased and the Deceased borrowed KRW 170 million per annum from the Defendant and as of April 22, 2019 (hereinafter “the loan certificate of this case”). The Defendant drafted a monetary tea certificate as of January 22, 2019 that the Deceased borrowed from the Defendant (hereinafter “the loan certificate of this case”).

(No. 3) According to the records of the Hbank account (No. 4, I) of the deceased who moved to money, the deceased obtained a loan of KRW 200 million on January 21, 2019, and withdrawn KRW 121 million in cash.

On January 22, 2019, the following day, the Defendant deposited KRW 120 million with the JA’s account (Evidence B No. 1 and K). The Defendant wired KRW 170 million to the Deceased’s LA bank account (Evidence A5 and M).

On January 23, 2019, the deceased withdrawn KRW 50 million from the above L Bank account in cash, and withdrawn KRW 119 million on January 28, 2019 in cash.

On February 12, 2019, the Deceased deposited KRW 50 million into his He bank account, and on the same day, he partially repaid KRW 200 million on January 21, 2019.

Based on the loan certificate of this case, the Defendant prepared a notarial deed and enforced execution by a notary public on May 17, 2019, which added the content that the deceased borrowed from the Defendant at an annual interest rate of KRW 20 million, and the content that the deceased borrowed as of May 24, 2019, and the expression of intent to recognize compulsory execution, as of May 17, 2019, as of May 2019, the notary public drafted a notarial deed of money consumer loan agreement No. 778 of 2019 (hereinafter “notarial deed of this case”).

(A) On May 27, 2019, the Defendant’s execution title of the No. 6, together with the Deceased, shall be KRW 182,101,035, the amount claimed on May 27, 2019, which is three days after the due date for the performance of the No. 6, and the N Hospital, the work of the Deceased, as the third obligor, shall be the N Hospital, which is the deceased’s work, and shall be seized by this Court as to KRW 1/2 of the total benefits of the Deceased.

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