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(영문) 부산지방법원 2017.07.25 2015가단228337
근저당권말소
Text

1. The part of the Plaintiff’s claim B among the instant lawsuit is dismissed.

2.(a)

Defendant D shall have the Plaintiff F, the Seo-gu Busan, 4,226.

Reasons

1. Basic facts

A. Hyundai A&C Construction Co., Ltd. (hereinafter referred to as Hyundai A&C Construction Co., Ltd.) issued, respectively, promissory notes with the face value of 97,52,645 won in September 19, 2007, the face value of 97,552,645 won in value, the due date of January 5, 2008, the face value of 275,000,000,000 won in value on October 23, 2007, and the due date of February 5, 2008, respectively, to H (hereinafter referred to as “H”).

B. 1) H received the discount of bill by endorsement and delivery of fake Promissory Notes amounting to KRW 275,000,000,000 for the issuance of Hyundai A&C C&C, and H issued Promissory Notes amounting to I, face value of 275,00,000,000,000,000. 2) The said Promissory Notes issued to I, face value of 275,00,000,000,000,000, the date of payment is blank, and the date of issuance is March 5, 2008. In order to secure the obligation as an endorser of the said Promissory Notes issued by Hyundai A&C C&C, for which the default was due, H, K, and Plaintiff’s share in the instant land, written a certificate of credit (Evidence No. 4) with which the collateral

3) On March 10, 2008, Plaintiff A filed on March 10, 2008 with the Busan District Court No. 6705 of the maximum debt amount of KRW 89,916,00 with respect to his share in the instant land as part of the Busan District Court’s receipt of the Busan District Court registry, and registered the creation of collateral security of KRW 89,916,000 with respect to his share in the instant land. 4) on March 10, 2008 as part of the amount of the instant land to guarantee the obligation as part of the endorser against HI as part of the endorser against H. In order to secure his share in the instant land as part of his share as part of the Busan District Court’s receipt of the Busan District Court’s Vice District Court’s registry office,

C. 1) H received the discount of the bill by endorsement and delivery of the above 97,52,645 foot promissory note from Defendant E. The above promissory note was defaulted on the due date. 2) H issues a promissory note with face value 97,552,645 won, blank, due date for payment, and due date for payment as of April 8, 2008, while issuing the promissory note with its face value as of April 8, 2008.

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