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(영문) 서울남부지방법원 2015.11.03 2015가단38891

약속어음금

Text

1. As to the Plaintiff’s KRW 218,00,000 and KRW 35,000 among them, the Defendant shall pay to the Plaintiff KRW 50,00,000 from December 21, 201.

Reasons

1. Facts of recognition;

A. On September 28, 201, the Defendant, together with D Co., Ltd. (hereinafter “D”), issued and delivered to the Plaintiff a promissory note in Seoul Special Metropolitan City (hereinafter “instant promissory note”) with D Co., Ltd. (hereinafter “D”), for which the Defendant served as the representative director, at the face value of KRW 35,00,000,00, the date of issuance September 28, 201, the date of payment, December 20, 2011, the date of payment, the place of payment, and the place of payment. On the same day ( September 28, 2011), the Defendant, in collaboration with D Co., Ltd. (hereinafter “D”), signed a notarial deed recognizing that there is no objection thereto, even if subject to compulsory execution (hereinafter “notarial deed 1”).

B. On September 28, 201, the Defendant, together with D, issued and delivered to the Plaintiff a promissory note with the face value of KRW 50,000,00,000, issue date September 28, 201, and the date of payment, May 30, 2012, and the place of payment, which became Seoul Special Metropolitan City (hereinafter “instant promissory note”). On the same day, a notary public drafted a notarial deed with the intent to recognize that there is no objection even if he/she immediately is subject to compulsory execution (hereinafter “notarial deed 2”).

C. On September 28, 201, the Defendant, jointly with D, issued and delivered to the Plaintiff a promissory note with the face value of KRW 133,00,000,000, issue date September 28, 201, and the date of payment as of December 20, 2012, which is the Seoul Special Metropolitan City (hereinafter “instant promissory note”). On the same day, a notary public drafted a notarial deed with the intent to recognize that there is no objection even if he/she immediately is subject to compulsory execution (hereinafter “notarial deed 3”).

The plaintiff presented each of the Promissory Notes in this case on the payment date, but the payment was refused, and the defendant thereafter did not comply with the plaintiff's demand for payment.