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(영문) 수원지방법원성남지원 2016.08.26 2016가단2689
청구이의
Text

1. Certificates drawn up on December 3, 2010 by the Defendant’s notary public against the Plaintiff, signed on December 3, 2010.

Reasons

1. Facts of recognition;

A. On December 2010, the Plaintiff borrowed KRW 3,000,000 from the Defendant (hereinafter “the instant loan”).

B. On December 3, 2010, the Plaintiff issued to the Defendant a promissory note 3,50,000 won at its face value, issuance date, “date of sight”, “date of payment,” “Plaintiff, C,” “Defendant,” “Defendant, place of payment, place of payment, and place of payment, respectively, (hereinafter “instant promissory note”). On the same day, on December 3, 2010, the Plaintiff made and issued a notarized deed (a notarized by a notary public as of December 3, 2010, No. 3666, a promissory note No. 200, a notary public as of December 3, 2010, and a promissory note hereinafter “notarial deed of this case”).

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. As the Defendant’s judgment on the Defendant’s main defense had already completed compulsory execution based on the Notarial Deed of Promissory Notes, the Plaintiff’s lawsuit of this case is unlawful as there is no interest in the lawsuit.

According to the overall purport of the statements and arguments set forth in No. 7-1 and No. 7-2, the Defendant, on February 12, 2016, conducted compulsory execution on the instant promissory note corporeal movables owned by the Plaintiff on February 12, 2016, and conducted the same year.

3. 4. 190,072 won can be recognized as being distributed. However, there is no other evidence to acknowledge that the full amount of the Promissory Notes was paid by the Plaintiff. Thus, the executory power of the Promissory Notes in this case still extends to the remainder of the Promissory Notes except for the above KRW 190,072, and thus, there is no benefit to seek non-permission of compulsory execution based on the Promissory Notes in this case from the Plaintiff.

Therefore, the defendant's defense of the above principal safety is without merit.

3. Determination

A. The date of issuance for payment of a bill of exchange at sight, which determines the cause of the claim, is one year.

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