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(영문) 서울고등법원 2016.04.22 2015나2055784
청구이의
Text

1. Of the judgment of the court of first instance, a notary public shall take a promissory note No. 421, May 7, 2014, signed on May 7, 2014.

Reasons

1. Basic facts

A. The Plaintiff’s issuance of promissory notes and Notarial Deed No. 1) on April 14, 2014, the Plaintiff issued to the Defendant a promissory note worth KRW 50,000,000 at face value, and the due date on April 1, 2020. Attorneys K in the Joint Law Office at K on April 14, 2014 with respect to the said promissory note on April 14, 2014 at the request of the Plaintiff and the Defendant, if the Plaintiff delays the payment of the said promissory note to the holders of the said promissory note, there is no objection thereto even if they are subject to compulsory execution.

No. 346 of the certificate of joint law office No. 2014, a notary public prepared a notarial deed to the effect that the said certificate was to be issued to the Defendant (hereinafter referred to as “notarial deed No. 1 of this case”).

(2) On May 7, 2014, the Plaintiff issued to the Defendant a promissory note of KRW 50,000,000 at face value, and on May 7, 2021, the due date, and the attorney L of the joint law office at issue on May 7, 2021, upon the commission of the Plaintiff and the Defendant, with respect to the said promissory note, on May 7, 2014, when the Plaintiff delays the payment of the said promissory note to the holders of the said promissory note, a notary public is aware that there is no objection even if he/she is immediately subject to compulsory execution. The notarial deed stating the purport that the notarial deed was written by the notary public under No. 421, 2014,

(3) On October 17, 2014, the Plaintiff issued a promissory note with the face value of 277,715,662 won, and the due date of payment on October 17, 2015 to the Defendant. The attorney K in the joint legal office of C&A on October 17, 2014, upon the commission of the Plaintiff and the Defendant, the Plaintiff delayed the payment of the said promissory note to the holder of the said promissory note, and even if the Plaintiff is subject to compulsory execution, it is recognized that there is no objection.

"Notarial Deed" was drawn up by a notary public in No. 1144, 2014, and delivered an authentic copy to the defendant (hereinafter the above promissory note No. 1).

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