청구이의
1. The decision subject to review shall be revoked.
2. The plaintiff (the defendant for review) of the defendant (the defendant for review) D who was bankrupt A.
I. According to the progress of the case and the records of this case, the following facts are recognized.
1. On March 21, 2006, in the name of Defendant D, 2006, KRW 200 million was remitted to A (the former trade name: E; hereinafter “Bankruptcy Company”) who was the Plaintiff for reexamination.
2. C was appointed as the representative director of the bankrupt company on April 17, 2006.
3. On July 14, 2006, the C and G, the bankruptcy company, and the subsidiaries of the F in-house, jointly signed a letter of commitment that “The Defendant D, as of July 14, 2006, confirms that the debt owed to Defendant D by the bankruptcy company against Defendant D is KRW 350 million and, as of July 14, 2006, shall be repaid on a gold-day basis and the remaining amount shall be repaid by 320 million won until September 29, 2006.”
4. In addition, on July 18, 2006, the above four persons were to issue a promissory note in the face value of KRW 400 million in the future of Defendant D, and on the same day, the notary public of “the purport of recognizing and recognizing that there is no objection even if it is immediately enforced if the payment of the promissory note is delayed to the holder of the said note,” refers to the “notarial deed of this case” in the name of a law firm No. 211, 2006.
was prepared and delivered.
5. On May 4, 2009, Defendant D filed an application for bankruptcy with the Seoul Central District Court for the instant notarial deed, and on May 26, 2009, the bankruptcy company filed a petition for bankruptcy with the notarial deed in possession of the said notarial deed, even if the debt secured by the notarial deed was fully repaid, and thus, it is improper to file a petition for bankruptcy with the notarial deed in possession of the said notarial deed. As such, Defendant D filed a lawsuit subject to review seeking the refusal of compulsory execution based on the notarial deed in
6. On November 30, 2009, the Seoul Central District Court declared bankruptcy against the bankruptcy company, and appointed B as the bankruptcy trustee of the bankruptcy company.
- When Defendant D filed a report on a promissory note gold claim on the instant Notarial Deed as a bankruptcy claim, the bankruptcy trustee B of the bankruptcy company files an objection and December 17, 2009.