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(영문) 대전지방법원공주지원 2016.03.31 2015가단2897
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is on the authentic deed of Promissory Notes No. 116, 2013, No. 116, 2013.

Reasons

1. Basic facts

A. On May 21, 2013, the Plaintiff, a notary public located in Seocho-gu, Seoul, Seocho-gu, 1705 Seodong 1706, signed a promissory note notarial deed (No. 116, 2013, a notary public located in Seocho-gu, Seocho-gu, 1705, on behalf of the Plaintiff, entered D as an issuer of a promissory note notarial deed on behalf of the Plaintiff), face value of KRW 80,00,000, and the due date of payment on July 22, 2013 (hereinafter “instant authentic deed”).

B. C around December 27, 2013, around December 27, 2013, transferred the claim stated in the instant Notarial Deed to E.

On April 20, 2015, the Daejeon District Court rendered the payment of KRW 66,402,952 out of the bonds of this case through the distribution procedure of the F Auction Case in the F Auction Case.

C. On May 1, 2015, C revoked the assignment of the above claim to E, and around May 18, 2015, C transferred the claim indicated in the instant notarial deed to the Defendant and notified the Plaintiff of the transfer of the claim to the Defendant on May 19, 2015.

On June 10, 2015, the Defendant filed a tax return on KRW 13,597,048,00, which deducted the amount of the instant notarial deed claim from KRW 80,000,000,00 from the said amount of KRW 66,402,952, from the amount of the instant notarial deed claim, as the bonds of the instant notarial deed, and received dividends of KRW 7,534,340 through the distribution procedure on June 24, 2015.

E. On October 2, 2015, the Plaintiff deposited KRW 1,642,708 with the Defendant as the principal deposit at the Cheongju District Court Jeju District Court Branch.

[Grounds for Recognition: Evidence Nos. 3, 4, 6, 7, 8, 10, and evidence Nos. 3 and 6, as a whole, and the purport of the whole pleadings]

2. Determination on the cause of the claim

A. Of KRW 80,00,000, KRW 66,402,952, out of the payment claim of the Promissory Notes stated in the instant notarial deed, the gist of the Plaintiff’s assertion, was repaid on April 20, 2015 through the distribution procedure for the distribution of dividends in the Daejeon District Court’s official capital support case, KRW 7,534,340 on June 24, 2015.

On December 3, 2014, the Plaintiff lent KRW 4,420,00 to the Defendant.

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