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(영문) 창원지방법원통영지원 2017.05.30 2016가단7455
청구이의
Text

1. The defendant's joint office against the plaintiff was enforced on the basis of No. 45783, 2003 No. 45783.

Reasons

1. The defendant lent 12,00,000 won as vehicle purchase price to C on March 26, 2002, and the plaintiff who was the representative director of C at the time, was jointly and severally guaranteed.

When the above debt is overdue, the Defendant began to send a demand letter, etc. from November 2013 to C and the Plaintiff.

In around 2003, the Plaintiff prepared and executed the notarial deed of promissory notes worth KRW 14,400,000 (hereinafter “notarial deed of this case”) with No. 45783, a joint office of B notary public in 2003.

On August 5, 2009, the Defendant received a seizure and collection order as to each of the deposit claims against the Plaintiff’s National Bank, the Republic of Korea (post office), and Busan Bank as a joint principal of the instant notarial deed as a joint principal on August 5, 2009. This reaches the Plaintiff on August 21, 2009.

On June 2, 2015, the Plaintiff was declared bankrupt as the Heading Branch of Changwon District Court 2015Hadan536, and the decision to grant immunity was made on August 20, 2015 by the Heading Branching Branch of Changwon District Court 2015Hun-Ma537, and the decision to grant immunity became final and conclusive on September 4, 2015.

(hereinafter “instant immunity”). However, the list of creditors submitted by the Plaintiff was omitted from the Defendant’s claim based on the Notarial Deed.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7 and Eul evidence 1 to 4, the purport of the whole pleadings

2. The assertion and judgment

A. Since a claim based on the notarial deed of this case against the defendant asserted by the plaintiff 1 of the party's assertion constitutes a bankruptcy claim, and the immunity decision of this case is exempted from the plaintiff's liability pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, compulsory execution based on the notarial deed of this case shall be dismissed.

The extinctive prescription of a claim based on the Notarial Deed of this case is three years under the Bills of Exchange and Promissory Notes Act, and three years have elapsed from the date of preparation of the Notarial Deed of this case, which was 203.

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