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(영문) 서울북부지방법원 2016.07.06 2015가단36607
청구이의
Text

1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 18, 2014 at the request of Nonparty C who worked at the same workplace, the Plaintiff issued promissory notes with each of the Seoul Special Metropolitan City as the addressee, Defendant 50 million won at the face value, date of issuance, February 18, 2014, date of payment, payment, place of payment, place of payment, and place of issuance, and a notary public belonging to the Government Public Prosecutors' Office of the Gu prepared a notarized bill with executory power of 160 on February 18, 2014, No. 160 on March 27, 2014 (hereinafter "No. 1 No. 1 notarial deed of this case"). On March 27, 2014, the Plaintiff issued promissory notes with each of the law firms as the date of payment, date of payment, date of payment, place of payment, place of payment, and place of issuance, and prepared a notarial deed with the execution force of each of the notarial deed of this case (hereinafter "No. 3014. 294.27.24.20")."

B. On February 20, 2014, February 27, 2014, February 27, 2014, and March 28, 2014, the Defendant transferred KRW 19.6 million to C, respectively, and KRW 58 million.

C. C transferred the remitter’s name to the Defendant KRW 2 million on March 20, 2014, KRW 3 million on April 18, 2014, KRW 3 million on May 20, 2014, KRW 3 million on June 20, 2014, KRW 3 million on June 20, 2014, KRW 3 million on July 18, 2014, KRW 3 million, and KRW 3 million on August 20, 2014.

Based on each of the instant notarial deeds, the Defendant applied for the attachment and assignment order against the Plaintiff, and on August 4, 2015, the instant court rendered a final judgment on August 4, 2015, on the seizure and assignment order of claims No. 14093.

[Ground of recognition] Facts without dispute, Gap evidence 5, 8, Eul evidence 1 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff's assertion (1) did not have any face-to-face and did not know at the time of the preparation of each of the notarial deeds in this case, and no money was received from the defendant after the preparation of each of the notarial deeds in this case, and there was no money transaction between the plaintiff and the defendant, and there is no money transaction between the plaintiff and the defendant.

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