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(영문) 서울고등법원 2017.05.19 2016나2032948

배당이의

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On March 25, 2012, the name of the Defendant, etc. was changed from K Co., Ltd to G Co., Ltd.

On February 20, 2012, the Plaintiff issued to the Defendant a promissory note of KRW 530 million at face value, and KRW 530 million at face value on October 29, 2012. On October 24, 2012, a notary public issued and delivered a notarial deed to the Defendant to the effect that a notary public recognizes compulsory execution based on the said Promissory Notes (No. 558) at the bar of the law firm in 2012. G (2) on September 10, 2013, G issued a notarial deed of KRW 100 million at face value and KRW 502 at face value to E, and on the same day, a notary public prepares and delivers a notarial deed to the Selection to the effect that E recognizes compulsory execution based on the said Promissory Notes (No. 2013) at the bar of the law firm.

3) On April 7, 2014, G issued a promissory note with a face value of KRW 480,000,000 at face value and KRW 480,000,000 for the due date, and on the same day, G was issued and delivered by a notary public to the designated person F to the effect that F would recognize compulsory execution under the said Promissory Notes No. 262 by the law firm’s general law office of this day. 4) Defendant, the appointed person, and E, and F (hereinafter “Defendant, etc.”) (hereinafter “Defendant, etc.”) were issued and delivered an assignment order to the obligor on February 6, 2015 with Seoul Southern District Court 2015TTT2234 (hereinafter “G’s construction price claim”), and the amount claimed against G was delivered to the obligor as KRW 530,548,175, and E was assigned to the obligor as KRW 1005,418,00,000 and assignment order to the obligee.

B. On March 10, 2015, the Seoul Southern District Court 2012Kadan3099 issued an executory protocol of the claim for the sale price of the goods of G as Seoul Southern District Court 2015 TaT4122 on March 10, 2015 (the claim amount of KRW 47,189,598).