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(영문) 서울중앙지방법원 2020.09.23 2020나20912
전부금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The status C Co., Ltd. of the parties (hereinafter “C”) is a company that has obtained scientific books, such as scientific books E and F, published in Japan, and translated the said books into Korean. The Defendant was supplied with books by C while operating the book distribution business.

B. On July 1, 2014, the Plaintiff’s claim C issued a promissory note with a face value of KRW 290,000,000,000 to the Plaintiff and issued a notarial deed recognizing that a compulsory execution shall be conducted immediately (No. 759, 2014).

C. H’s Claim and Assignment Order 1) H Co., Ltd. (hereinafter “H”)

From November 18, 2015 to December 23, 2015, C remitted KRW 300 million to C’s account. On December 23, 2015, C prepared a promissory note certificate of KRW 380 million at face value (No. 820, 2015), stating the balance of transactions with the Defendant as KRW 848 and 400,00,000,000,000 for face value to receive KRW 3880,000,000,000 to the leased principal. On the same day, H received from C the said document (No. 2, 2015) stating “The current status of assets and liabilities of C (as of December 23, 2015)” (No. 300,300,000,000 won, based on the executory claim amount of KRW 50,000,000,000 from C, 330,3036,036.

3) On January 29, 2016, H remitted the total of KRW 50 million to C’s account as KRW 20 million, and February 2, 2016, KRW 50 million, and on February 4, 2016, H drafted a notarized note of KRW 50 million at face value (No. 65, 2016, a notary public’s IDong Law Office Deed No. 2016, Feb. 29, 2016) to receive KRW 50 million from C. H was drafted on February 4, 2016, on the basis of the authentic copy of the above executory deed of KRW 2016,00.

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