(영문) 수원지방법원 2016.06.29 2015가단113152

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(영문) 수원지방법원 2016.06.29 2015가단113152

청구이의

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1. The part of the plaintiff's lawsuit demanding the confirmation of existence of an obligation shall be dismissed.

2. The defendant's notary public against the plaintiff.

Reasons

1. Facts of recognition;

A. On February 8, 2007 between the Plaintiff and the Defendant, the Plaintiff and the Defendant as the obligor, and the Defendant as the obligee, a notary public signed a notarial deed under a monetary loan agreement with the content that the Plaintiff would pay the Plaintiff a loan of KRW 50 million (hereinafter “instant loan”) as indicated below by the No. 78 of the 2007 Statement No. 2007.

The creditor of Article 1 (Purpose) lent the amount of KRW 50,000,000 to the debtor on February 8, 2007, and the debtor borrowed it.

Article 2 (Time-Limit and Method of Performance) The obligor shall pay to the obligee a sum of KRW 50,000,000 on April 30, 2007 and shall discharge the obligation mentioned in Article 1.

When the obligor delays the repayment of the amount stated in Article 2, the obligee shall pay the delayed amount plus damages for delay at the rate of 3% per month for the delayed amount.

Article 8 (Recognition of Compulsory Execution) When an obligor fails to perform a pecuniary obligation under this contract, the obligor recognized the absence of objection immediately even if compulsory execution has been enforced.

B. As to KRW 45,332,765 distributed to the Plaintiff on February 24, 2015 in the distribution procedure of Suwon District Court C and D (combined) real estate auction, the Defendant already received a claim seizure and collection order (No. 2008 Suwon District Court No. 2008 TaT9633, Jun. 30, 2008) with the title of execution of the instant notarial deed as the title of execution, and Nonparty E deposited the said dividends in accordance with the order of the Jeonju District Court No. 2009Kahap717, Jun. 30, 2008.

C. Since then, on May 11, 2015, the Suwon District Court distributed KRW 7,331,398 to the Defendant with respect to the payment of the said deposit.

[Ground of recognition] Facts without dispute, Gap 1 and 3's entries, the purport of the whole pleadings

2. We examine whether the part concerning the claim for the confirmation of the existence of an obligation among the instant lawsuits is lawful ex officio.

The plaintiff's legal status is the lawsuit for confirmation.

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