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(영문) 서울고등법원 2021.01.27 2018나2066839
추심금
Text

1. The defendant's appeal is dismissed.

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

The purport of the claim and the appeal shall be 1.

Reasons

1. Basic facts

A. On January 22, 2008, F Co., Ltd. (hereinafter “F bank”) lent KRW 3 billion to H (hereinafter “loan Claim”), C Co., Ltd. (hereinafter “C”) and I, and J jointly and severally guaranteed H’s obligation.

B. On January 23, 2008, a promissory note amounting to KRW 3 billion at the issuer H, J, I, I, C, and FF bank, face value (hereinafter “instant promissory note”) was issued for the purpose of securing the instant loan claims, and on the same day, a notary public drafted a fair deed of KRW 681, 200 (hereinafter “the fair deed of this case”).

(c)

L Co., Ltd. (hereinafter “L”) acquired from the F Bank on September 30, 2010 the F Bank’s credit (i.e., the total amount of KRW 7.670 million and the delayed payment of interest thereon) against H, including the instant loan claim, from the F Bank. The Plaintiff acquired the credit against H from L on January 25, 2011.

(d)

On January 31, 2011, the Plaintiff was granted a certified copy of the Promissory Notes Process from M by a notary public of the K Joint Law Office, and received a copy of the said Promissory Notes Process from M by a notary public.

Since then, as a notary public suspends the business of the K Joint Law Office, the business of the promissory note fairness certificate of this case was transferred to G by the notary public to law firm G.

E. On June 28, 2012, C sold to the Defendant all business rights related to the new construction of an apartment on the land in Gwangju-si E (hereinafter “instant land”) and the instant land at KRW 5 billion (hereinafter “sale price claim”). The Defendant completed the registration of the transfer of ownership in the name of the Defendant as to the instant land on May 7, 2015.

F. The Plaintiff’s Certificates of Promissory Notes, a notary public, from N, an affiliated attorney of G, on May 7, 2013.

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