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(영문) 전주지방법원남원지원순창군법원 2015.12.18 2015가단36
청구이의
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. The following facts are acknowledged according to the records of this case and the purport of the entire pleadings.

A. On September 10, 2002, the Korea Saemaeul Community Fund (the merger into the Korea Saemaeul Community Fund at the end of December 2002) received a recommendation of execution from the Jeonju District Court in the case 2002Gau287 against D, C, and E that “D, C, and E jointly and severally pay 6,259,250,000 won to the Korea Saemaeul Community Fund at the rate of 18% per annum from September 3, 2002 to the day of full payment, and the said recommendation of execution became final and conclusive around that time.”

(C) On the other hand, the reason for the occurrence of the claim for the decision on performance recommendation is that "D on April 27, 2000, the Hanung Saemaeul Community Fund loaned KRW 4,500,000 to D on April 27, 200, and C and E jointly and severally guaranteed it."

(2) On September 10, 2002, "C, E, and D shall jointly and severally pay 6,259,250 won to the Korea Saemaul Savings Depository and 4,500,000 won per annum from September 3, 2002 to the date of full payment, and the decision of performance recommendation became final and conclusive around that time (as regards C, E, and D, until September 26, 2002). Meanwhile, on September 10, 2002, "C, E, and D shall jointly and severally pay 6,259,250 won to the Korea Saemaul Savings Depository, and 4,50,000 won per annum from September 3, 202 to the date of full payment."

“The decision of performance recommendation” (hereinafter “2002 Ghana 288”) is the same (hereinafter “the decision of performance recommendation”), and the Plaintiff seeks to refuse compulsory execution in this case.

Around August 3, 2012, the Defendant acquired a claim based on the decision of performance recommendation from the Seocho Saemaeul Community Fund. D.

C A deceased on April 7, 2005, and the Plaintiff is C’s wife.

(2/15) The plaintiff becomes aware of the death of C.

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