beta
(영문) 대전지방법원 2014.12.24 2014나101130

청구이의

Text

1. Revocation of a judgment of the first instance;

2. The defendant's notary public against the plaintiff was drafted on October 9, 2007 by Gyeonghee Law Firm.

Reasons

1. Basic facts

A. Since around 2002, C, a drug wholesaler, had a claim amounting to KRW 180 million against the Plaintiff, who was a doctor.

B. Around October 2007, C had the Plaintiff transfer 45 million won, which is a part of the Plaintiff’s credit against the Plaintiff, to its creditor. Around October 2007, C had the Plaintiff delegated the Plaintiff’s right to submit a promissory note to its creditor under the name of the Plaintiff.

Accordingly, the plaintiff issued C a certificate of personal seal impression, identification card, and seal imprint to prepare a notarial deed.

C. On October 9, 2007, C issued to the Defendant a promissory note No. 1423, 2007 under the name of the Plaintiff, with the content that “if the payment of the said note is delayed to the holder of the said note, C shall not raise any objection even if it is immediately enforced” (hereinafter referred to as “notarial deed of this case”). On the same day, C drafted a notarial deed of promissory note No. 1423, 2007, with the content that “if the payment of the said note is delayed to the holder of the said note, C shall not raise any objection” (hereinafter referred to as “notarial deed of this case”).

Meanwhile, on June 8, 2007, the Plaintiff filed a petition for bankruptcy with the Seoul Central District Court 2007Hadan25233 against the Plaintiff on June 8, 2007. On October 15, 2007, the Plaintiff was served with the notice on the date of the examination of bankruptcy of the instant case and became aware of the continuation of the instant case. Thereafter, on January 15, 2008, the Plaintiff filed a petition for immunity with the Seoul Central District Court as the Seoul Central District Court 1396.

(hereinafter “instant bankruptcy and exemption case”). E.

The Plaintiff requested C to inform C of the identity of the obligee and the amount of credit of the instant claim in order to prepare a list of obligee's creditors during the course of the bankruptcy and exemption of the instant case, but C did not inform C thereof.

F. Ultimately, the Seoul Central District Court omitted the Defendant’s claim in the list of creditors.