beta
Text
1. The defendant is the defendant in accordance with the assignment order of claim seizure and assignment order under Gwangju District Court Maritime Court 2017TTT 634.
Reasons
1. Basic facts
A. The Plaintiff’s claim 1) C (hereinafter “C”) against the Defendant
(2) On April 22, 2014, the Plaintiff contracted Dwork Survey and Investigation Services from Bosung-gun for KRW 52,190,600, and thereafter on December 14, 2015, the said contract amount was increased to KRW 71,980,000. (2) C subcontracted part of the said survey and Investigation Services to the Plaintiff at an amount equivalent to 55% of the contract amount to be paid from Bosung-gun.
3) On December 18, 2015, the Plaintiff filed a lawsuit against C seeking payment of the service payment under the Gwangju District Court Branch of the Gwangju District Court 2016Gadan1343 as the Plaintiff completed the survey and investigation service subcontracted by C. On May 10, 2017, the said court rendered a judgment that “C shall pay to the Plaintiff the amount of KRW 39,589,000 and the amount of interest calculated at the rate of 15% per annum from November 24, 2016 to the date of full payment,” and the said judgment became final and conclusive on July 8, 2017. (b) C (the issuance of promissory notes against the Defendant and the Defendant’s compulsory execution 1) received KRW 822,87,00,00 from the Southern-gun (hereinafter “instant construction work”).
2) On May 8, 2017, C: (a) the Defendant at a face value of KRW 850 million; (b) the payee; (c) the place of payment; and (c) the place of payment; and (d) each Gwangju Metropolitan City; and (c) one promissory note with the payment at sight of the due date (hereinafter “instant promissory note”).
(C) On the same day, a notarial deed stating that “C shall issue the Promissory Notes and name and seal affixed thereto, and if the payment of the Promissory Notes is delayed to the holder, it shall be accepted that there is no objection even if compulsory execution is conducted immediately” (hereinafter referred to as “notarial deed of this case”).
(3) The Defendant, with the title to execute the instant notarial deed as the F Notaries Joint Office Deed No. 669, was drafted on May 16, 2017, as the Gwangju District Court Branch 2017TTTTY 2017.