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(영문) 대구고등법원 2020.04.17 2019나26046
청구이의
Text

1. Revocation of the first instance judgment.

2. The case shall be transferred to the Daegu District Court.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 7, 2017, the Plaintiff issued to the Defendant a promissory note with a face value of KRW 400 million and payment at sight. On the same day, if the payment of the said note is delayed to the Defendant on the same day, the Plaintiff drafted a promissory note No. 164, which recognizes the absence of objection even if he/she is subject to compulsory execution (No. 164, 2017, hereinafter “instant authentic deed”).

B. On December 10, 2018, the Plaintiff filed a lawsuit of demurrer against the instant Notarial Deed with the Daejeon District Court Branch, which had jurisdiction over the Defendant’s domicile, as a legal entity, but the said court transferred the said case to the Daegu District Court Kimcheon Branch on the ground of Article 34(1) of the Civil Procedure Act on the ground that the said case does not fall under the jurisdiction of the said court on December 12, 2018.

C. On October 25, 2019, the first instance court rendered a judgment of the first instance court that partly accepted the Plaintiff’s claim.

[Reasons for Recognition] There is no dispute or significant fact in this court, Gap evidence 1, the purport of the whole pleadings

2. Determination as to whether an exclusive jurisdiction has been violated

A. The defendant's main defense against the defendant's main defense to this court, which led to the plaintiff's lawsuit of this case in violation of the exclusive jurisdiction, shall make the main defense against the plaintiff.

B. 1) In a case where the title of execution is a notarial deed, a lawsuit of demurrer against such claim falls under the exclusive jurisdiction of the court where the debtor’s general forum is located (Article 59(4) main sentence and Article 21 of the Civil Execution Act); on the other hand, the court’s jurisdiction shall be determined on the basis of the standard when a lawsuit is brought (Article 33(2) of the Civil Procedure Act). A lawsuit of demurrer against a claim with the title of execution of the notarial deed of this case is within the exclusive jurisdiction of the court where the plaintiff’s general forum is located where the debtor, who is the title of execution of the notarial deed of this case. According to the purport of the statement and pleading as stated in the evidence No. 19 and all pleadings, it is recognized that the plaintiff resided in the Gu T-U., “Gu T

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