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(영문) 서울중앙지방법원 2020.06.23 2020나4460
전부금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Facts of recognition;

A. The status C Co., Ltd. of the parties (hereinafter “C”) is a company that has obtained scientific books, such as scientific books E and F, published in Japan, and translated the said books into Korean. The Defendant was supplied with books by C while operating the book sales business, etc.

B. On July 1, 2014, the Plaintiff’s claim C issued a promissory note with a face value of KRW 290,000,000 to the Plaintiff and issued a notarial deed recognizing that a compulsory execution shall be conducted immediately (No. 759, 2014, a notary public).

C. H’s Claim and Assignment Order 1) H Co., Ltd. (hereinafter “H”)

A) On December 23, 2015, C issued promissory notes worth KRW 380,000,000 at face value and received from C a promissory note notarial deed (No. 820, 2015, No. 820, a notary public) that recognizes that compulsory execution shall be conducted immediately. (2) H received from C the document “C’s asset and debt status (No. 8, 2015, a notary public)” stating that the balance of transactions against the Defendant was KRW 25,828,390, as of the same day.

(C) On January 1, 2016, H issued a promissory note with a face value of KRW 50,00,000 from C on February 4, 2016 (No. 65, 2016), and completed a notarized deed (No. 4, 2016), on which a notary public was aware of the compulsory execution of the said deed, H was drafted on January 6, 2016, based on the authentic copy of the No. 18,100,00 among the instant claims, and based on the authentic copy of the No. 2016,33, Suwon District Court Sung-nam Branch Branch of 2016,00 won, and the assignment order was delivered to the Defendant on January 11, 2016 and became final and conclusive on March 31, 2016 (hereinafter “No. 31, 2016”).

D. The Plaintiff’s assignment order against C is on December 6, 2017.

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