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(영문) 광주지방법원 2016.06.01 2015나56204
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the alteration of part of the grounds of the judgment of the court of first instance as follows. Thus, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

All of the parts of Plaintiff A, “A,” and “Plaintiff B,” respectively, shall be changed to “Plaintiff” - 2 pages - 6, respectively, and the following details shall be added to 2. Determination as to this Safety Defense

A. The summary of this security defense is that A has withdrawn an application for compulsory auction with his/her obligation repaid during the above compulsory auction procedure and the litigation procedure of this case, and thus, the defendant, the creditor, obtained the satisfaction of each of the above compulsory execution based on each of the above notarial deeds, so there is no benefit in maintaining the lawsuit of this case.

B. As seen earlier, the Defendant paid KRW 36,969,862, all of the debt amount under the said monetary loan agreement to the Defendant on January 28, 2015, when the said compulsory auction procedure was in progress, and the Defendant did not dispute between the parties, but cannot be deemed to have completed compulsory execution based on the said joint guarantee agreement.

Therefore, the above defense cannot be accepted.

- Change of the 2nd 7th 7th 'the plaintiffs' assertion and its determination' to the "3. Judgment on the merits"

2. As such, the plaintiff's claim is accepted on the ground of its reasoning, and the part against the plaintiff in the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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