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(영문) 창원지방법원 2020.12.24 2020가합52835

청구이의

Text

1. The Defendant’s notary public against the Plaintiff (Law Firm C, February 24, 2017), No. 5, a promissory note, No. 2017.

Reasons

Basic Facts

On February 24, 2017, the Plaintiff issued and delivered to the Defendant a promissory note of KRW 300,000,000 (hereinafter “instant promissory note”) at the face value of March 27, 2017, which stated the date of payment, as the joint issuer, as the representative director of the D Co., Ltd. (hereinafter “Co., Ltd.”) and the agent status of E Co., Ltd. (hereinafter “Co.”).

On February 24, 2017, the Plaintiff, as the principal and D representative director, and E’s agent, entrusted a law firm with the preparation of a notarial deed of promissory note indicating the acceptance of the execution of the promissory note in this case. Upon such entrustment, the said law firm, as of February 24, 2017, drafted a notarial deed of promissory note stating the purport that no objection is raised even if the issuer is subject to compulsory execution, when the issuer delays the payment of the promissory note in relation to the Promissory note in this case to the bearer, as of February 24, 2017.

(2) On March 27, 2020, a notary public, who had taken over a notarized bill from a law firm C, prepared a certified copy of the authentic deed of the Promissory Notes, at the Defendant’s request, and granted an execution clause.

On April 6, 2020, the Defendant applied for a compulsory auction against the Plaintiff on the real estate No. H apartment I owned by the Plaintiff in Changwon District Court G on the basis of the authentic deed of the Promissory Notes in this case. On April 7, 2020, the said court accepted the said application and rendered a compulsory auction ruling on the said real estate.

[Based on recognition] The written evidence Nos. 1 through 5 (including paper numbers; hereinafter the same shall apply) and the ground for the claim as a whole of the pleadings, the Defendant, after three years from March 27, 2017, which was the due date for the payment of the Promissory Notes of this case, must reach the calendar obvious as of April 6, 2020, one of the joint issuers.