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(영문) 부산지방법원 2018.06.28 2017가단338429
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 27, 2006, a notary public prepared a notarial deed with the purport that “G shall pay to the Plaintiff KRW 1982 million by October 31, 2006, which is the Plaintiff, the husband of the Plaintiff, G, and G, and that “E shall be jointly and severally guaranteed by the Plaintiff, and G and E shall be deemed as compulsory execution in the event of default.” (ii) Defendant B filed an application with the Busan District Court Branch Branch of the Busan District Court for a payment order under the F Joint Law Branch of the Republic of Korea (hereinafter referred to as “E”) on July 16, 2015, for the payment order under the F Joint Law Branch of the Republic of Korea (hereinafter referred to as “E shall be served with the Plaintiff at the rate of KRW 60 million by November 16, 2010, the original payment order shall be served with the rate of KRW 200,000,000,000,000,000,000).”

The above payment order was finalized around that time.

3) Defendant C received a payment order against G and E with the Busan District Court 2015Hu6717, Jun. 29, 2015, stating that “G and E shall jointly and severally pay to Defendant C 98,400,000 won and KRW 30,000,000,000 per annum from the day following the service of the original payment order to the day of complete payment.” The above payment order became final and conclusive around that time, Defendant D applied for the payment order against Defendant D with Busan District Court 2015Da2288 on August 4, 2015, and received the payment order from Defendant D with the above court on August 4, 2015, “E received the payment order with 35,60,000 won and 13.7% per annum from the next day to the day of service of the original payment order from August 1, 2012 to the day of full payment”

The above payment order was finalized around that time.

B. The Plaintiff and the Defendants’ collection order 1) On December 27, 2007, with the title of execution of the Notarial Deed as seen earlier, the Busan District Court 2007TTB0426, the New Bank Co., Ltd. (hereinafter “New Bank”).

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