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(영문) 수원지방법원 2015.10.29 2014가단67719
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is an authentic deed of promissory notes No. 3754, 2014.

Reasons

1. Comprehensively taking account of each statement in Gap evidence Nos. 1 through 11 of the judgment as to the cause of the claim (including a serial number) and the purport of the entire pleadings, the plaintiff may recognize the fact that, upon the defendant's request of the defendant, the plaintiff prepared a notarial deed (hereinafter referred to as the "notarial deed of this case") recognizing that there is no objection to the payment of a promissory note amounting to KRW 100 million per face value (hereinafter referred to as "the Promissory note of this case") at the law firm's rate on May 20, 2014, where a notary public delays the payment of a promissory note (hereinafter referred to as "the Promissory note of this case") with the purport that no objection is raised even if he is subject to compulsory execution.

The act of a bill must be dealt with separately from the underlying relationship of the receipt of a bill as an unmanned act, and since a bill is a security representing rights under a certain bill regardless of the underlying relationship, it does not immediately become null and void on the ground of the underlying relationship. However, if a holder of a bill who is a party to the underlying relationship exercises rights under a bill against the obligor who has directly performed the act of a bill, the obligor may refuse the performance of the bill by setting up against the holder of the bill against his/her personal defense that there is no underlying relationship.

According to the above facts, since the Plaintiff did not have a debt owed to the Defendant and the instant promissory note occurred upon the Defendant’s request, the Plaintiff may refuse the performance of the obligation to pay the instant promissory note on the ground that the obligation under the underlying relationship does not exist due to false representation in collusion.

Therefore, insofar as the Plaintiff may refuse to pay the instant promissory note to the Defendant, compulsory execution based on the instant notarial deed is conducted.

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