청구이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On August 3, 2017, the Plaintiff issued a promissory note with the Defendant as the addressee, with the payment date of KRW 216,00,000, the payment date of which is fixed at sight, the place of issuance, the place of payment, and the place of payment, respectively. On the same day, a notary public prepared a notarial deed on the said promissory note No. 82 of C2017 (hereinafter “notarial deed”) and delivered it to the Defendant.
B. On August 16, 2017, the Defendant filed an order for the seizure and assignment of claims against the Plaintiff’s Republic of Korea on the basis of the instant notarial deed issued by this Court No. 2017TTTTTDD (hereinafter “instant notarial deed”) on August 16, 2017, and issued an order for seizure and assignment of claims from the said court on August 18, 2017. The said order for seizure and assignment of claims was served on the Plaintiff, the debtor, and on September 8, 2017, respectively, to the Republic of Korea as the third debtor.
[Ground for Recognition: Facts without dispute, Gap evidence 1, 6, Eul evidence 1 (including branch numbers, if any) and the purport of the whole pleadings]
2. The gist of the Plaintiff’s assertion is that the Plaintiff issued promissory notes worth KRW 216,00,000 at face value to Nonparty E. At that time, E was partially involved in the Defendant’s act as a creditor because it did not directly become an obligee due to bad credit standing, and the Defendant lent only the name of the obligee and completed the Notarial Deed. However, the Defendant is not a true obligee, and thus the enforcement against the Plaintiff based on the Notarial Deed should not be denied.
3. We examine the judgment on the Defendant’s main defense of safety, and there is no benefit to seek denial of compulsory execution by filing a lawsuit of objection after a compulsory execution has been completed as a whole (see, e.g., Supreme Court Decision 96Da52489, Apr. 25, 1997). Based on the instant notarial deed, the Defendant applied for the attachment and assignment order of claims.