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(영문) 대구고등법원 2015.02.03 2014나2076
배당이의
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

(a) Issuance of bills and notarial deeds by large-scale agricultural partnership corporations; 1) Large-scale agricultural partnership corporations (hereinafter referred to as “sken”);

(C) On June 13, 2012, in the following amount: (a) a promissory note in the face value of KRW 270,000,000 (hereinafter referred to as “instant note”) shall be issued to C:

(1) The notice was issued and delivered. (2)

1. payee: C:

2. The issuer: Large agricultural partnership;

3. Par value: 270,000,000 won;

4. Dates: June 13, 2012;

5. Date of payment: June 13, 2013;

6. Place of publication: Seoul Special Metropolitan City.

7. Place of payment: Seoul Special Metropolitan City;

8. The place of payment: on June 15, 2012, the largest amount of C and C commissioned a law firm as a notary public to prepare a notarial deed to the effect that “where allken delays the payment of the amount of the bill of this case, they do not object to C even if they are subject to compulsory execution with respect to the amount of the bill of this case.” Accordingly, in the case of a law firm Asian, a notary public shall not object to the same purport as the above commission (No. 359, 2012; hereinafter referred to as “notarial deed of this case”).

(2) On September 28, 2012, the Plaintiff acquired the instant bill from C on September 28, 2012, and on February 20, 2013, the Plaintiff was issued a provisional attachment order (Seoul Central District Court Decision 2013Kadan193, hereinafter “instant provisional attachment order”) regarding KRW 270,00,000 of the credit price claim against Samsung Ireland Co., Ltd, which is the issuer of the instant bill, based on the claim preserved as the preserved claim. The provisional attachment order of this case was served on Samsung Ireland Co., Ltd., a debtor on February 22, 2013.

2) On May 1, 2013, the largest amount of Seoul Central District Court KRW 270,000,000 (hereinafter “instant deposit”) as Seoul Central District Court No. 9237, 2013 (hereinafter “instant deposit”).

(3) On June 14, 2013, the Plaintiff deposited the provisional attachment release amount as the provisional attachment release amount, and received a decision to revoke the execution of provisional attachment (Seoul Central District Court 2013Kaman3042) with respect to the provisional attachment of this case (Seoul Central District Court 201Kao3042).

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