(영문) 서울중앙지방법원 2020.10.15 2020가합540498

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(영문) 서울중앙지방법원 2020.10.15 2020가합540498

청구이의

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1. The Defendant’s compulsory execution against the Plaintiff is based on the Seoul Central District Court Decision 2017Gahap53955 Decided April 25, 2018.

Reasons

1. Basic facts

A. The defendant is a creditor of a limited liability company C (hereinafter "the company of this case"), and the plaintiff is all partners of the company of this case.

B. 1) The Defendant supplied marine products, etc. to D from around 2009 to May 2015, 2015, and D supplied marine products, etc. to the instant company. 2) The instant company issued a promissory note with D’s face value of KRW 400,00,000 and the due date of payment on March 13, 2013, and D’s endorsement and transfer of the said promissory note to the Defendant around that time, and the Defendant possessed the said promissory note by April 18, 2018.

(hereinafter “The instant promissory note gold claim”). Meanwhile, D’s claim against the instant company, which occurred until May 30, 2015, was KRW 670,538,224. Meanwhile, D, as of May 30, 2015, assumed the Defendant’s obligation for the payment of the goods amounting to KRW 1,273,061,93, and transferred the Defendant’s claim for the payment of the goods to the Defendant for the payment of the said obligation.

(5) The instant company was unable to conduct a wedding business any longer due to the financial aggravation of the company’s claim for the price of goods that D transferred to the Defendant (hereinafter “instant claim for the price of goods”). As such, the company prepared and delivered a notarial deed to the creditors, and the Defendant also prepared and issued a notarial deed on June 11, 2015, with the content as indicated below (Article 442, 2015; hereinafter “instant notarial deed”) and prepared and issued a notarial deed (Article 442, a notary public).

3) The instant company consented to the assignment of claims under Paragraph 4 by approving that the Defendant bears obligations.

No. 442 of the F Deed No. 2015 No. 442, No. 2015, a notary public, at the request of the parties, shall give this instrument, subject to the agreement of the parties, listen to the meaning of the statement concerning the following legal act:

유사 판례

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