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(영문) 춘천지방법원속초지원 2015.11.17 2014가단3490
약속어음 인도청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence Nos. 1, 2, 5, 6, and Eul evidence Nos. 1, 5, and 6 (including serial numbers; hereinafter the same shall apply).

The Plaintiff issued promissory notes with each other without any direct transaction for the purpose of financing and financing with Defendant B Co., Ltd. (hereinafter “Defendant Company”).

In other words, the Defendant Company issued bills equivalent to the total face value of KRW 1,289,020,000 (hereinafter “Plaintiff’s bills”) including bills in the separate sheet from the Plaintiff, and the Plaintiff also issued bills from the Defendant Company totaling KRW 22 billion to KRW 1.3 billion (hereinafter “Defendant’s bills issued”).

B. The Plaintiff had discounted the Defendant’s bill of exchange and used it in full, and the Defendant recovered all the Defendant’s bill of exchange after fully repaying the amount of the said bill.

C. However, on September 2010, the Plaintiff was unable to repay the amount of the bills issued by the Defendant Company upon discount.

Accordingly, the Plaintiff promised to the Defendant Company that “The Plaintiff will pay in full the amount of the Plaintiff’s bill issued by subrogation until December 31, 201,” and the Defendant Company paid the Plaintiff the total amount of KRW 1,289,020,000 on behalf of the Plaintiff and recovered all the said bill.

At the time, the Plaintiff drawn up a rectangular note (hereinafter “the instant payment note”) for the Defendant Company and D Co., Ltd. (the Defendant C, the representative director of the Defendant Company, is the actual operator of the said D Co., Ltd.) as follows:

-Payment note -

1. Amount borrowed: 1,289,020,000 won;

2. The due date: On December 3, 2011, the above borrowed amount is the date on which the Defendant and D Co., Ltd. have paid or are liable to pay the Promissory Notes issued by A on behalf of the Defendant and D Co., Ltd., and A is the same.

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