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(영문) 수원고등법원 2019.07.25 2019나11339
청구이의
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On November 4, 2013, the Plaintiff issued and delivered a promissory note with a face value of KRW 500 million (hereinafter “instant promissory note”) to the Defendant on November 4, 2013. On November 14, 2013, the Defendant drafted a notarial deed to the effect that the issuance of the said promissory note as the Plaintiff’s agent and the compulsory execution is recognized (No. 320 of the deed C2013, hereinafter “notarial deed”) by a notary public.

B. On November 22, 2013, the Plaintiff filed an application for rehabilitation with Suwon District Court 2013dan127 on November 22, 2013, and the said court rendered a decision to commence rehabilitation procedures on January 24, 2014 (hereinafter the Plaintiff’s application for rehabilitation) (hereinafter “instant rehabilitation procedures”).

(2) Under the instant rehabilitation procedure, the Defendant’s claim for loans worth KRW 370 million against the Plaintiff was recognized, and the rehabilitation plan was approved, which included the remainder of KRW 59,200,000,000,000 from September 17, 2014, which included the Defendant’s claim for loans worth KRW 370,000 against the Plaintiff.

3) Subsequent to the instant rehabilitation procedure, on November 1, 2017, the Plaintiff commenced reimbursement according to the rehabilitation plan and rendered a decision to terminate the rehabilitation procedure on the grounds that there was no hindrance to the implementation of the rehabilitation plan. (c) The Defendant applied for a compulsory auction of the real estate held by the Plaintiff on January 8, 2018, based on the instant promissory note No. 1) on the instant promissory note No. 1, the Defendant applied for a compulsory auction of the real estate held by the Plaintiff on January 10, 2018, and the said court rendered a decision to commence the auction on January 10,

2. In addition, the defendant is based on the Notarial Deed of Promissory Notes in the instant case and the same court as to the plaintiff's wage, etc. as the same court.

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