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(영문) 수원지방법원 2021.01.27 2020나60956
청구이의
Text

The judgment of the first instance is revoked.

A notary public of the defendant against the plaintiffs on February 19, 2019 of the execution of DD by Law Firm.

Reasons

1. According to the reasoning of Gap evidence No. 8 and all pleadings as to the cause of the claim, the plaintiffs jointly issue, February 19, 2019, the defendant, at the face value of KRW 122,7650,000,000,000,000,000,000, and one promissory note as Seoul Special Metropolitan City at the place of issuance (hereinafter "the Promissory Notes"). On the same day, the notary public prepared a fair deed to recognize compulsory execution under the Promissory Notes No. 328 of D’s 2019, which provides that the plaintiffs shall pay to the defendant KRW 140,000,000,000,000 to the defendant on April 2, 202, and thus the obligations of the plaintiffs under the Promissory Notes No. 1 are all extinguished.

According to the above facts, since all obligations of the Promissory Notes have been extinguished, compulsory execution based on the fair deed of this case cannot be permitted.

2. The plaintiffs' claims should be accepted on the grounds of the reasons.

Since the judgment of the first instance is unfair with different conclusions, it is so unfair that the plaintiffs' appeal is accepted, and the judgment of the first instance is revoked, and compulsory execution based on the fair deed of this case is not possible, but it is so decided as per Disposition with the above burden of litigation costs in light of the process of litigation, etc.

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