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(영문) 서울중앙지방법원 2016.11.10 2015가합8822

공탁금출급권자확인

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1. Of the primary claims of the Plaintiff (Appointed Party), the part of the claim for confirmation of invalidity of the agreement on the transfer and takeover of claims are stated respectively.

Reasons

1. Basic facts

A. B worked as the president of the “Dvalescent Hospital” in Gyeyang-gu Incheon, Gyeyang-gu, Seoul, from August 2013.

B. On February 7, 2014, B issued to the Plaintiff (Appointed Party; hereinafter “Plaintiff”) a promissory note with face value of KRW 20 million and due date as of April 30, 2014. If the payment of the said promissory note is delayed, a notary public, stating the purport that there is no objection even if compulsory execution is conducted, written a notarized deed No. 141, 2014, which is a law firm name.

C. B, on February 7, 2014, issued a promissory note as of April 30, 2014 to E at the face value of KRW 30 million, and the due date, and on April 30, 2014, a notary public, stating that there is no objection even if compulsory execution is conducted immediately in the event of delay in the payment of the said note, signed a notarized deed as of February 142, 2014.

B On February 7, 2014, F issued a promissory note of KRW 55 million at face value, and on April 30, 2014 at face value, and on April 30, 2014, if payment of the said note is delayed, a notary public, stating that there is no objection even if compulsory execution is conducted immediately, has made a notarized deed of KRW 143, a law firm name, 2014.

E. B, on June 23, 2014, issued a promissory note in the face value of KRW 90,000,000 at sight of the due date, and in the case of delay in the payment of the said note, a notary public, stating the purport that there is no objection even if compulsory execution is conducted immediately, written a notarized deed No. 585, which is the name of the law firm, in 2014.

F. B, on June 23, 2014, issued a promissory note as of July 15, 2014, at the face value of KRW 30,000,000 to E, and the due date. If the payment of the said note is delayed, a notary public, stating that there is no objection even if compulsory execution is being carried out immediately, written a deed of promissory note No. 586, a law firm name, 2014.

G. B is the National Health Insurance Corporation (hereinafter “Insurance Corporation”) on May 16, 2014.