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(영문) 수원지방법원 2015.10.30 2014가단536123
약속어음 양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 14, 2011, the Defendant issued one copy of the Promissory Notes (hereinafter “instant Promissory Notes”) which is “receiving B, the face value of KRW 100 million, the date of payment, April 14, 2012, the place of payment, and the place of payment, respectively,” and drafted a notarized deed to the effect that a notary public does not object to the instant Promissory Notes, even if a notary public is immediately subject to compulsory execution, if he delays the payment of the Promissory Notes under Article 1371, 201, the date of payment, and the place of payment (hereinafter “instant Promissory Notes”).

B. On April 2, 2012, the Defendant filed a lawsuit against B seeking the denial of compulsory execution based on the said notarial deed on the ground that the notarial deed of a promissory note in this case constitutes a false conspiracy or a false representation of intention and thus becomes null and void. As to this, the Plaintiff asserted that B received a claim based on the notarial deed of this case from B on May 21, 2012, and filed an application for intervention in succession on June 12, 2012.

(hereinafter “instant lawsuit”). On December 5, 2013, the said court dismissed the Plaintiff’s application for intervention in succession on the ground that the said transfer of credit between the Plaintiff and B falls under the act of trust in a lawsuit, and rendered a judgment ordering the refusal of compulsory execution based on the said notarial deed on the ground that the said deed falls under the act of trust in a lawsuit, and thus becomes null and void.

On October 31, 2014, the Cheongju District Court 2014Na1462, which was proceeding with the Plaintiff and B’s appeal, withdrawn the Plaintiff’s application for succession participation, and the said court rendered a judgment dismissing B’s appeal on January 9, 2015, and the said judgment became final and conclusive around that time.

C. On May 21, 2012, the Plaintiff entered into an agreement with B on the assignment of claims with the content of acquiring the instant promissory note claim from B, and on May 22, 2012, B notified the Defendant of the said assignment of claims, and the said notification was delivered to the Defendant on May 23, 2012.

[Ground of recognition] A.

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