logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.11.22 2019나2014774
대여금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The defendant is a juristic person engaged in construction business, housing construction and sale, real estate development, consulting, etc., and C is a defendant's employee.

B. In around 2006, the Plaintiff paid KRW 100 million as security deposit in accordance with its promise that it grants C the right to sell an apartment unit located in the Busan Shipping Unit as a sales agent for the unsold household units in Busan Shipping Unit.

Unlike the promise of C, the Plaintiff was unable to perform the sales agency business of the above apartment, and the Plaintiff filed a complaint against C around 2007 on the charge of fraud, and C around that time agreed to pay the Plaintiff a total of KRW 500 million for the repayment of the above KRW 100 million and the Plaintiff’s damage.

(hereinafter referred to as “instant agreement”). C.

C In order to secure the contractual obligation of this case on January 29, 2008, a notary public prepared, respectively, a deed of promissory notes (No. 1-1) with the face value of KRW 100 million at No. 600,000, the date of payment at sight, and a deed of promissory notes (No. 1-2) with the face value of KRW 400,000,000, the date of payment at No. 601, the certificate of promissory notes with the value of KRW 601,00,000, and the date of payment at sight, respectively, on

(2) The phrase “ issuer” of each promissory note attached to the above instrument is indicated as follows: (a) the name and address of the Defendant are indicated; and (b) the seal is affixed on each side of the said instrument; and (c) in the direct preparation part of the said instrument, C entrusts the preparation of the said instrument in the capacity of an agent, such as a client, etc., and as an issuer, in the capacity of a notary public of the said instrument.

C around December 30, 2011, around December 30, 201, written a payment confirmation (Evidence A8) stating that “The Plaintiff shall pay the Plaintiff KRW 250 million up to December 30, 201, and the remaining KRW 250 million up to December 30, 2012.” (Evidence A8).

(hereinafter “instant letter of payment”). The instant letter of payment is written.

arrow