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Reasons
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(영문) 서울고등법원 2016.04.28 2015나10440 (1)
부인 등
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1. A notary public of the judgment of the court of first instance shall make the authentic copy of a deed of promissory notes No. 100 of 201;

Reasons

1. After remanding, the plaintiff at the first instance court, the defendant's notary public against A, a rehabilitation debtor corporation, filed a lawsuit with the court of first instance that rejected compulsory execution based on the authentic copy of the deed of promissory notes No. 92, No. 2011, No. 100, and the notary public, No. 518, of the deed No. 201, and the deed No. 518, the court of first instance accepted the plaintiff's above claim, and the defendant appealed against it in full, but the court of the first instance rejected the defendant's appeal.

As to this, the Defendant appealed against the judgment of the party before remanding. The Supreme Court reversed and remanded the part on the authentic copy of the promissory note No. 100 of March 201, 201, which was delivered by a notary public from A, while lending KRW 1.7 billion to A Co., Ltd. (hereinafter “A”) on March 22, 2011, and dismissed the remainder of the Defendant’s appeal.

Therefore, among the plaintiff's claim in this case, the part concerning the original copy of the deed of promissory note No. 92, 2011, No. 518, which was signed by a notary public on the defendant's rehabilitation company No. 92, and a notary public on the original copy of the deed of promissory note No. 518, No. 2011, which was signed by a notary public on the part of the defendant's rehabilitation company No. 100, a notary public on the original copy of the deed of promissory note No. 100,

2. Basic facts

A. The Plaintiff’s status A is a KOSDAQ-listed company aimed at software, database, information processing and provision technology, and system integration. On April 27, 201, the rehabilitation procedure was in progress upon receipt of a decision to commence rehabilitation procedures under the Seoul Central District Court Decision 2011hap42. On July 29, 2011, the Plaintiff was appointed as a manager A by the above rehabilitation court.

B. Conclusion of each of the instant loans for consumption, issuance of promissory notes, and preparation of authentic deeds 1.

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