beta
(영문) 광주지방법원 2016.12.08 2015가단50878

약속어음금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 20, 2012, a promissory note (hereinafter “instant promissory note”) was issued to the effect that the Defendant’s seal imprint affixed on September 20, 2012, and the Defendant’s seal imprinted and paid KRW 65 million to the Plaintiff by November 30, 2012 with the issuer as the issuer. On the same day, the Plaintiff’s ASEAN prepared a notarized deed No. 2578 of the notarial deed No. 2012 (hereinafter “notarial deed of this case”) as to the said promissory note to the Plaintiff in the capacity of the Defendant’s agent; C was in possession of the power of attorney and a certificate of seal imprint affixed by the Defendant’s seal imprint affixed on the same day; on the other hand, C prepared each of the following subparagraphs (hereinafter “each of this case”) in the Defendant’s name with the Defendant’s seal imprint affixed and attached with the Defendant’s seal imprint affixed.

- A - When the Defendant purchases from the Plaintiff the land owner the land lot of 878 square meters and E 2189 square meters in Seoyang-gun D, Seoyang-gun, the Defendant pledges that all the parts shall be responsible for the registration of transfer in the name of F, and that the Defendant shall pay the full amount of KRW 65 million for the real estate sale price.

Provided, That I shall make the payment of the above purchase price as a promissory note certificate.

2. The parties' assertion

A. The Plaintiff’s promissory note, notarial deed, and each of them are prepared by C as the Defendant’s agent, respectively, by issuing a certificate of personal seal impression and a certificate of personal seal impression with the Defendant’s legitimate delegation to ASEAN (C confirmed that delegation was made with the Defendant by telephone communications with the Defendant, and the Plaintiff transferred that by telephone communications with the Defendant).

In other words, the instant promissory note, notarial deed, and each of them were prepared for the payment of the purchase price for the real estate owned by the Plaintiff to the Plaintiff, and the Plaintiff did not receive any money from the Defendant.