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(영문) 부산지방법원 2016.12.06 2016가단25276
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 30, 2012, the Defendant: (a) borrowed KRW 200,000,000 (interest rate of KRW 3%) from the Plaintiff through C, the head of the Defendant’s general headquarters, located in the Defendant’s seat; (b) on March 30, 2012, the Plaintiff and the Plaintiff’s face value of KRW 375,000,000; (c) the issue date on March 30, 2012; and (d) the payment date on a promissory note in official column (hereinafter “instant promissory note”).

(2) On April 9, 2012, the Defendant paid the Plaintiff KRW 200,000,000 to the Plaintiff, and the same year from the Plaintiff.

4. On 30.10,000,000 won, and on 31 December 31 of the same year, the amount of KRW 70,000,000 has been borrowed again.

3) Thereafter, on November 5, 2013, C added its name to the issuer column of the Promissory Notes at the office of notary public D, and supplement the due date to December 31, 2013, as follows: “In the event the payment of the Promissory Notes is delayed to the holder of the Promissory Notes, C accepts that there is no objection to the payment of the Promissory Notes without delay even if compulsory execution is effected to the holder of the Promissory Notes,” the No. 22, 2013 No. 1. 22, 2013 (hereinafter “notarial Deed”).

(4) The instant notarial deed is accompanied by a letter of delegation (hereinafter “instant letter of delegation”) dated March 30, 2012, stating that the Defendant, the Defendant’s representative director, etc., and the Defendant’s E, etc., shall be accompanied by C, the letter of delegation (hereinafter “the instant letter of delegation”) stating that “if a notary public delays in payment of a bill at the Flimited Law Office, the amount of KRW 375,00,000,000 in face value, the payee, the date of issuance, the date of issuance, March 30, 2012, the date of payment, and if the bill is in arrears on December 31, 2013, the Plaintiff shall immediately be subject to compulsory execution.

B. On January 14, 2014, the Plaintiff, including the Plaintiff’s compulsory execution and the filing of the Defendant’s lawsuit, made the instant notarial deed as the title of execution, and made the debtor the Defendant, the garnishee, the Defendant, the National Bank of Korea, and the Nonghyup Bank Co., Ltd. as the title of execution.

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