beta
Text
1. The plaintiff's claim is dismissed.
2. On July 2014, 2014, this Court has regard to cases where a request for suspension of compulsory execution is made by this Court.
Reasons
1. Basic facts
A. The Defendant is a juristic person with the purpose of housing construction project and sales business, etc., and the Plaintiff is the representative director of Nonparty B, a juristic person for the purpose of software development, manufacture, production, and distribution (hereinafter “B”) from October 11, 2012 to August 25, 2013, who served as the sole representative director from August 26, 2013 to December 9, 2013, and from August 26, 2013 to December 10, 2013, the Plaintiff is the said representative director of Nonparty B.
B. Around August 14, 2013, the Defendant deposited KRW 94 million into the account under B’s name, and the Defendant’s D deposited KRW 89,8 million in total on two occasions on and around September 6, 2013 and around September of the same month and deposited KRW 98 million from the Defendant’s account under the name of the Defendant and paid taxes in arrears at the time.
With respect to each of the above amounts, on November 27, 2013, a notary public prepared a notarial deed No. 881 of 2013 (hereinafter “notarial deed No. 1”) with respect to the amount of KRW 150 million in face value, issue date, September 6, 2013, and October 14, 2013, and the date of payment, October 27, 2013, with respect to the joint issuer B, the Plaintiff and C, and Promissory Notes (hereinafter “ Promissory Notes”) with respect to the amount of KRW 150 million in face value and KRW 150 million in face value, issue date, September 6, 2013, and September 31, 2013, with respect to a notarial deed prepared by the issuer, the Plaintiff, and the Defendant (hereinafter “No. 2”).
C. B repaid KRW 100 million to the Defendant around December 2013, and the Defendant D prepared and issued a receipt (Evidence A 3) stating that “The above loans lent to the Defendant on September 6, 2013, to the Defendant: KRW 100,000,000,000, and KRW 100,000,000,000,000,000.”
On May 30, 2014, the Defendant applied for the seizure and collection order of the No. 1 notarial deed as the title of execution by designating the Plaintiff as the debtor, and received the seizure and collection order of the claim as the title of execution on June 12, 2014.
[Ground of recognition] The fact that there is no dispute, A.