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(영문) 의정부지방법원 2021.01.21 2020가합367
청구이의
Text

1. Certificates drawn up by C Law Firm on December 15, 201 by the Defendant’s notary public against the Plaintiff, No. 489, Dec. 15, 2011.

Reasons

1. Facts of recognition;

A. On October 1, 2011, the Plaintiff issued a promissory note with a face value of KRW 900,000,000 (hereinafter “instant promissory note”) that stated the payment date to the Defendant as “fluence payment.”

B. The Plaintiff, along with the Defendant, entrusted C Law Firm with the preparation of a promissory note process deed stating the terms and conditions of acceptance of the enforcement of the Promissory Notes, and according to the above commission, the said Law Firm: (a) on December 15, 2011, the issuer delayed the payment of the amount of the Promissory Notes to the bearer; (b) on December 15, 2011, the issuer drafted a promissory note process deed stating that there is no objection even if compulsory execution is conducted (hereinafter “Fair Deed”).

Based on the instant fair deed on November 1, 2019, the Defendant received a seizure and collection order against “the amount to be received by the Plaintiff from the said company up to KRW 65,338,051 out of the claims to be received from the said company based on the judgment on the claim claim, such as the former Prize money,” based on the instant fair deed (Seoul Northern District Court 2019) on the ground that the said company deposited the said amount on the grounds that other seizure, including the seizure and collection order, competes with each other, and the distribution procedure was carried out to the Seoul Northern District Court E.

[Reasons for Recognition] The non-contentious facts, Gap's entries in Gap's evidence Nos. 8, 23, 25, 27, 29, 30, and 34, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The presentation of payment of a bill payable at sight is to be made within one year from the date of issuance (Article 34(1) and Article 77(1)2 of the Bills of Exchange and Promissory Notes Act). If no lawful presentation is made within the said period, it shall be deemed that the maturity comes on the last day of that period, and it shall be deemed that the expiration of the obligation of the bill runs from that time (see, e.g., Supreme Court Decision 2007Da40352, Nov. 15, 2007). According to Articles 77(1)8 and 70(1) of the Bills of Exchange and Promissory Notes Act, a promissory note shall be deemed to run.

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