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1. The plaintiff's claim is dismissed.
2. With respect to cases where this Court applies for the suspension of compulsory execution 2017 Chicago1041, March 2017.
Reasons
1. Basic facts
A. D had operated the PC under the name of “F” (hereinafter “the instant PC bank”). However, on December 3, 2016, the Plaintiff entered into a contract with the Plaintiff to transfer the instant PC bank at KRW 72,000,000 (hereinafter “instant contract”) and received KRW 40,000,000 out of the premium to the Defendant’s account on December 3, 2016.
B. The name of the instant PC’s business operator is G, the mother of D. However, D substantially operated the instant PC as business operator, and was detained at the time of entering into the instant contract. At the time of entering into the instant contract, the Defendant managed and operated the instant PC on behalf of D as a female-friendly district of D.
C. On December 5, 2016, the Defendant entered into the instant contract with D’s delegation, and after receiving part of the premium from the Plaintiff, received a promissory note with the face value of KRW 32,000,000 issued by the Plaintiff, and the due date of payment of KRW 32,00,000, and the due date of February 28, 2017 (hereinafter “instant promissory note”), and written the instant authentic deed for the instant promissory note.
As the Defendant did not receive the remainder premium from the Plaintiff even after the date of payment of the Promissory Notes, on March 7, 2017, the Defendant executed the seizure of corporeal movables for corporeal movables inside the instant PC based on the instant notarial deed.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 7, Eul evidence No. 5 (including provisional number), the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion that ① the issuance of the Promissory Notes does not exist in the underlying relationship. As such, there is no obligation based on the Notarial Deed, and ② the Plaintiff did not issue the Promissory Notes with the intent to promise the payment of money by making the Defendant as a party. Therefore, the Promissory Notes do not have to be issued.