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1. C Co., Ltd.’s issuing of promissory notes on September 25, 2014 to the Defendant on September 25, 2014 KRW 13,204,872.
Reasons
1. Basic facts
A. The Plaintiff’s claim for the purchase of goods against C Co., Ltd. (1) sold the total amount of KRW 4,713,120 to C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) from April 2013 to November of the same year, and received reimbursement of KRW 30,679,500 from Nonparty Co., Ltd. by April 25, 2014.
(2) On January 15, 2015, the Plaintiff filed an application for a payment order (2015j1) with the non-party company for payment of the remaining goods amounting to KRW 14,03,620 (=44,713,120 - 30,679,500) and the payment order (20%), which is calculated at the rate of 20% per annum from the following day following the service of the payment order ( February 7, 2015) to the day of full payment, and the court issued the payment order as above on January 19, 2015. This order was finalized on February 24, 2015.
(3) On March 2, 2015, the Plaintiff: (a) received the claim amount of KRW 14,430,702 as the executive title of the said payment order (i.e., KRW 14,03,620, KRW 161,482 per annum from February 7, 2015 to February 27, 2015; (b) the cost of executing KRW 235,600 per annum from February 7, 2015 to KRW 20 per annum; (c) the debtor is the non-party company; and (d) the third debtor is the agricultural partnership within the limit of up to the day on which he/she has made a decision to seize and collect the claim for the construction price that the non-party company would receive from the non-party corporation (S
(4) On the other hand, on May 26, 2015, the Plaintiff received dividends of KRW 1,225,830 from the non-party company and the third-party debtor, the Republic of Korea District Court D distribution procedure.
B. On December 23, 2014, a notary public prepared and issued a notarized bill No. 1105 with respect to a promissory note (hereinafter “instant promissory note”) with a face value of KRW 130,000,000 to the Defendant under the status of excess of the debt, as indicated in the separate sheet (hereinafter “instant promissory note”) with respect to the preparation of the authentic deed of promissory note against the Defendant of the non-party company and the execution of the Defendant’s compulsory execution.
(2) On December 31, 2014, the Defendant granted the execution clause to the said notarial deed on January 2, 2015.