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(영문) 서울중앙지방법원 2017.03.29 2016가합524703

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On March 5, 2015, the Plaintiff drafted a notarial deed with respect to promissory notes issued on January 15, 2015 at par value KRW 700 million (hereinafter “instant promissory notes”) and “instant notarial deed” in the name of the Plaintiff, E, F and the Plaintiff, a representative director, under No. 39, 2015.

On March 19, 2015, the Defendant received a seizure and collection order (the Jeju District Court 2015 Other Bonds 1639, the claim amount of KRW 700 million) as to the deposit claims against the Plaintiff’s new bank in the Plaintiff’s non-party bank based on the Notarial Deed, and the above order was served on the new bank on March 20, 2015.

On the other hand, on January 16, 2015, with respect to the registration of ownership transfer in the name of Nonparty G (Article 4393 of the Incheon District Court receipt, the ground for registration January 15, 2015), the registration of creation of a neighboring mortgage in the name of Nonparty H (Article 4394 of the Incheon District Court receipt, the contract concluded as of January 15, 2015, the maximum debt amount of which was 60 million won, G), the registration of creation of a neighboring mortgage in the name of Nonparty I (Article 4395 of the Incheon District Court receipt, the contract concluded as of January 15, 2015, the maximum debt amount of which was 50,250,000 won, the debtor G) was completed, respectively, and with respect to the part of the building of this case, the entire contract was concluded by the said H and the registration of creation of a lease on a deposit basis (Article 4396,251,715,751, Jan. 15, 2015).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 3 and 4 (including additional numbers), and the plaintiff's assertion as to the existence of the cause of the promissory note in this case's claim as to the purport of the whole pleadings, the plaintiff requested the court of Justice to lend KRW 500 million to the non-party J for acquiring the management right of K Co., Ltd. (hereinafter "K"), and after the J was examined.