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(영문) 부산지방법원 2010.01.13 2008가단63648

약속어음금

Text

1. The Plaintiff’s rehabilitation claim against the Plaintiff Company B is worth KRW 3,212,328,767 and KRW 1,00,000 among them.

Reasons

1. The following facts do not conflict between the parties, or are admitted in full view of Gap evidence 3, Gap evidence 4, Gap evidence 5, Gap evidence 6, Gap evidence 7, Eul evidence 8, Eul evidence 2-1, Eul evidence 1, Gap evidence 2, Eul evidence 9, Gap evidence 9, and witness witness witness's testimony, and the whole purport of the arguments is acknowledged, and the witness's testimony is contrary to this, and there is no counter-proof.

On January 24, 2008, Nonparty B Co., Ltd. (hereinafter “Rehabilitation Debtor”) issued one promissory note with the face value of KRW 1,000,000,000 at face value, and the due date of April 25, 2008, and issued to the Plaintiff (hereinafter “instant Promissory note 1”).

B. On January 24, 2008, the rehabilitation debtor company issued one promissory note with the face value of KRW 2,200,000,000 at face value, and the due date on April 24, 2008, Busan Metropolitan City with the place of payment, and the Plaintiff (hereinafter “instant Promissory Notes”) and delivered it to the Plaintiff.

C. The Plaintiff presented each of the Promissory Notes in this case on each payment date, but each of the Promissory Notes in this case was not paid due to the receipt of an accident due to the forgery or alteration.

On July 9, 2008, the rehabilitation debtor company was decided to commence rehabilitation proceedings in Busan District Court 2008 Gohap3, and the defendant was appointed as the administrator of the rehabilitation debtor company.

E. On August 4, 2008, the Plaintiff reported to the Busan District Court the interest rate of 27,484,932 won per annum from April 24, 2008 to July 8, 2008, 12,328,767 won with interest rate of 6% per annum from April 25, 2008 to July 8, 2008, and the amount of 3,200,000 won with interest rate of 6% per annum from July 25, 2008 to July 8, 2008. The Defendant reported the amount of the above rehabilitation claim to the Defendant as the rehabilitation claim.