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(영문) 서울남부지방법원 2016.11.09 2016가단34018
청구이의
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The decision of performance recommendation made on September 13, 2006 on August 25, 2006 by the Defendant (Korea Life Insurance Co., Ltd., Ltd.) against the Plaintiff and B (hereinafter “Plaintiff, etc.”) was finalized on October 5, 2006 in this Court Decision 2006 Ghana207453, which was brought against the Plaintiff and B (hereinafter “Plaintiff, etc.”).

(hereinafter “instant recommendations.” On July 19, 2016, the Defendant received a collection order for the Plaintiff’s deposit claims against the Plaintiff’s National Bank, etc. as the executive title of the instant recommendations as to July 19, 2016.

(hereinafter “instant order of collection of seizure” (hereinafter “instant order of collection”). Inasmuch as there is no dispute, the entries of Gap 1 and 2, the records, and the Plaintiff’s assertion of the purport of the entire pleadings, the Plaintiff did not receive the instant order of execution recommendation, and the Plaintiff knew of the fact that he/she was served with the delivery of the instant order of execution recommendation, the instant order of execution recommendation has no validity.

In addition, the plaintiff has no memory of the joint and several sureties, and has not been notified of the extension of the joint and several sureties period.

Therefore, compulsory execution based on the decision of execution recommendation of this case should be rejected.

Judgment

The following circumstances, which can be known by the overall purport of arguments, i.e., the Plaintiff’s work bonus C, stating that he was served with the instant performance recommendation decision on September 20, 2006, and there is no other evidence to reverse it. ② Even if the Plaintiff becomes aware of the recent performance recommendation decision, it cannot be said that the instant performance recommendation decision was invalid immediately without any subsequent completion of the above performance recommendation decision, ③ the Plaintiff’s work bonus C, even if having received a loan from the Defendant on September 10, 2002, signed and sealed it as a joint guarantor.

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