1. The plaintiff's claim is dismissed.

2. On June 17, 2013, this Court rendered a ruling to suspend compulsory execution (No. 2013Kagna500).

1. Basic facts

A. The plaintiff is a doctor, and the hospital is operated around 2002.

Non-party C (D drug wholesaler), who is a drug wholesaler in the Dong, had a debt of KRW 180 million.

B. Meanwhile, C was liable to the Defendant for reimbursement of KRW 45 million.

C. Around October 2007, C sought to transfer part of the Plaintiff’s claim against the obligee, which is part of KRW 45 million, to the obligee, and for this purpose, requested the Plaintiff to make and deliver a notarial deed to the obligee under the Plaintiff’s name. The Plaintiff consented to this and issued a certificate of personal seal impression, identification card, and seal impression to C for the preparation of a notarial deed.

C On October 9, 2007, on behalf of the Plaintiff, a notary public issued a promissory note which is accepted as the place of payment (hereinafter “instant promissory note”) on December 12, 2007, with the content that “if the payment of the said note is delayed to the holder of the said note, it shall be recognized that there is no objection even if any compulsory execution is being effected to the holder of the said note,” written by the notarial deed No. 1423 of the 2007, stating that the Defendant, the Defendant, the face value of KRW 45 million, and the date of payment, shall be December 12, 2007.”

E. On June 8, 2007, Nonparty Asan Livestock Industry Cooperatives, the Plaintiff’s creditor, filed a petition for bankruptcy with the Seoul Central District Court 2007Hadan25233, and the Plaintiff submitted a written amendment on January 15, 2008 and filed a list of creditors omitted in the above case, but did not file a report on the Defendant or Nonparty C’s claim.

The above court declared the plaintiff bankrupt on March 17, 2008. On January 15, 2008, the plaintiff filed an application for immunity with the Seoul Central District Court 2008Da1396 on August 25, 2008 (hereinafter "the decision of immunity in this case"). The decision of immunity in this case became final and conclusive on May 19, 2009.

F. Meanwhile, the Defendant’s instant case around October 2010.