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(영문) 서울서부지방법원 2015.02.05 2014가단1334

어음금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

(1) Comprehensively taking account of the overall purport of the pleadings as indicated in Gap evidence Nos. 1 and 2, evidence Nos. 5-1, and evidence Nos. 15-2 through 5, the plaintiff contracted to the defendant for the new house construction work located in Yeongdeungpo-gu Seoul Metropolitan Government on or around December 2009, and the defendant was supplied with ready-mixed from Eul (hereinafter "D") under the joint and several surety guarantee of the plaintiff, which is the plaintiff, under the joint and several surety guarantee of Eul (hereinafter "D"), and in the sense of not incurring damage to the plaintiff, etc. due to the plaintiff's non-performance of the obligation to pay ready-mixed price, the defendant issued promissory notes to "the amount of 50,000,000,000, which was due September 16, 2010, and issued to "the defendant: the issuer issued promissory notes to "the defendant on September 27, 2010; the defendant did not pay the amount of ready-mixed.

[Plaintiff’s assertion that the Plaintiff agreed to pay KRW 50,00,00 to the Plaintiff when the Defendant did not pay the price for ready-mixed by September 26, 2010. However, in light of the fact that the above Promissory Notes (Evidence A (Evidence A) contains the phrase “for securing ready-mixed price,” the evidence submitted by the Plaintiff alone is insufficient to recognize it. Meanwhile, according to each of the evidence Nos. 3, 10-1, and 15-1, the Plaintiff’s Government District Court’s 2012Da1341, 200,000,000, or the amount of the promissorysory Notes to be paid by the Defendant to the Defendant for the delayed payment of KRW 45,00,00,000, or KRW 400,000, or KRW 45,000,000, or KRW 45,000,000, or KRW 5,201, or KRW 45,2010.20.2