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(영문) 서울중앙지방법원 2020.11.19 2018가합590186

추심금

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

A. The status of the party is a corporation whose business purpose is real estate trust, and D (former trade name: E; hereinafter “D”) is a corporation whose business purpose is real estate development.

B. 1) The plaintiffs and D decided to entrust D with the preparation of a notarial deed containing the contents that D borrowed on August 31, 2008 with the due date for payment and the declaration of intent to recognize compulsory execution, without setting interest or delay damages from the plaintiffs. Accordingly, the notary public of November 2006 as the No. 997 of the Money Loan Agreement No. 997 of the document of November 2006 (hereinafter "No. notarial deed of this case"), and as set forth in the said money Loan Agreement No. 1997, the above money Loan Claim against D with the plaintiffs as stipulated in the said money Loan Loan Deed of this case.

2) On January 17, 2008, D issued and delivered to the Plaintiff A a promissory note amounting to KRW 190,000,00 in face value, KRW 190,000 in each of the Seoul Special Metropolitan City, the place of issuance, and the place of payment, and the date of payment, respectively. On the other hand, if the issuance of the said promissory note and the obligation of a promissory note are not fulfilled, G agreed to entrust the preparation of a notarial deed that recognizes compulsory execution. Accordingly, G is the notarial deed of a promissorysory note (hereinafter “instant promissory note notarial deed”) under No. 72 of the 2008 deed as of the same day, and as well as the notarial deed of a monetary loan of this case, D drafted the notarial deed as “each of this case”, and as set out in the notarial deed as set forth in the above notarial deed, the above promissory note gold claim against Plaintiff A with respect to the said promissory note notarial

B. Trust Registration D with respect to each real estate of this case (hereinafter “each real estate of this case”) is sold by auction under the Daegu District Court’s Cheongdo Office of Registry of Cheongdo as of April 17, 2018, receipt No. 6512.