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(영문) 인천지방법원 2015.10.21 2015가합53847

약정금

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1. The Defendant: (a) KRW 300,000,000 for the Plaintiff and KRW 20% per annum from April 28, 2015 to September 30, 2015; and (b) October 1, 2015 for the Plaintiff.

Reasons

1. Determination as to the claim for promissory notes

A. Comprehensively taking account of the purport of Gap evidence No. 4 as to the cause of the claim and the whole pleadings, the defendant, together with C, issued to the plaintiff on July 13, 2012, two promissory notes with face value of 100,000,000,000 won for each of the plaintiff, the payee, the date of payment, the payment at sight, and the place of payment at each place of payment at each place of payment at issue, and one promissory note with face value of 200,000,000,000,000 for each of the above promissory notes with each of the places of payment at each place of payment at the place of payment at issue (hereinafter collectively referred to as the "each of the instant promissory notes"), and each of the aforesaid promissory notes with each of the above promissory notes with each of which is known that there is no objection even if they are immediately subject to compulsory execution (Evidence No. 4).

According to the above facts, the defendant, who is the issuer of each of the Promissory Notes of this case, is obligated to pay 300,000,000,000 won and damages for delay to the plaintiff, who is the addressee and the last holder of each of the Promissory Notes of this case, with the exception of 100,000,000 won and the remaining 3,00,000,000 won, except in extenuating circumstances.

B. On November 8, 201, the defendant alleged that he paid KRW 50,000,00 to the plaintiff as a repair expense, but the plaintiff claimed for exclusion from the payment of KRW 100,000 from the defendant, the above argument by the defendant is without merit. In addition, the defendant did not have the underlying claim of each of the Promissory Notes between the plaintiff and the defendant. Further, each of the Promissory Notes of this case specifically requested the defendant to deliver KRW 400,000,000 from the Korea T and F land (hereinafter referred to as the "D D D D D D D D D D D D D D D association") at the time of purchasing each of the Promissory Notes of this case from the Korea D D D D D D D association (hereinafter referred to as the "land of this case").