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(영문) 의정부지방법원 2016.08.09 2014가단49883

채무부존재확인

Text

1. The Plaintiff’s notary public against the Defendant is a promissory note No. 235, 2014, drawn up by the Multiurury Law Firm on March 4, 2014.

Reasons

1. Facts of recognition;

A. On March 4, 2014, C issued a promissory note (hereinafter “instant promissory note”) on behalf of the Plaintiff at a law firm Multiurury Office with the content that “the Plaintiff and C, the payee, and the Defendant, the face value of KRW 75 million, the date of issuance, March 3, 2014, and May 3, 2014,” on behalf of the Plaintiff. As to the instant promissory note, C entrusted a notary public with the preparation of a notarial deed stating that “if the payment of the Promissory Notes is delayed, i.e., the said promissory note shall be immediately subject to compulsory execution, even if there is no objection.” Accordingly, the notarial deed of the purport of the instant Promissory Notes as to the instant promissory note (hereinafter “notarial deed”).

B. On October 2014, the Plaintiff filed an individual rehabilitation application with the Seoul Central District Court No. 2014 Congress 198078, and the Seoul Central District Court rendered a decision to commence the individual rehabilitation procedure (hereinafter “the individual rehabilitation procedure of this case”) against the Plaintiff for the period of objection up to August 17, 2015, as of July 14, 2015.

C. The Plaintiff submitted the list of individual rehabilitation creditors with the Defendant’s claim amount of the Promissory Notes KRW 0,000,000 to the individual rehabilitation procedure of the instant case, and the Defendant filed an application for final judgment on the final judgment on the individual rehabilitation claim seeking confirmation of the amount of the Promissory Notes in Seoul Central District Court KRW 2015.31

On March 11, 2016, the Seoul Central District Court rendered a decision to dismiss the application for the final judgment on a final judgment on an individual rehabilitation claim on the ground that “if an objection is not filed within the objection period or the final judgment on a final judgment is not filed, the Defendant’s claim becomes final and conclusive after

On April 14, 2016, the Plaintiff submitted the list of individual rehabilitation creditors amended by the agreement with the Defendant’s claim for the Promissory Notes of this case from October 16, 2014 to the date of full payment.

[Ground of recognition] dispute.