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(영문) 창원지방법원 2018.02.08 2017나55197
확약금 지급 청구
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 7, 2011, Nonparty D issued to Plaintiff A a promissory note of KRW 800,000 (hereinafter “instant promissory note”) with the date of issue on February 7, 2011; and on June 7, 2011, with a maturity of KRW 7, 2011; and issuer E Co., Ltd (hereinafter “E”); the place of payment; E; and the place of payment; and the amount of promissory note of KRW 800,000,000 (hereinafter “instant promissory note”).

B. The first endorsement on the back side of the Promissory Notes of this case is affixed with a seal affixed to the name of the defendant, and the payee’s name on the front side of the Promissory Notes of this case is written with the name of the plaintiff A.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2-2, and Gap evidence 3-1, the purport of the whole pleadings

2. The assertion of the parties and their determination

A. The parties' assertion 1) The plaintiffs asserted that the defendant prepared a certificate of endorsement of the Promissory Notes while endorsement of the Promissory Notes in this case, and agreed to pay the Promissory Notes to the holders of the Promissory Notes by preparing a certificate of payment by subrogation (Evidence No. 3-3) and a certificate of payment by subrogation (Evidence No. 4-1). Thus, the defendant asserts that as the endorser of the Promissory Notes in this case, the defendant is obligated to pay the Promissory Notes money to the plaintiff A, the addressee of the Promissory Notes in this case, and to pay the Promissory Notes money to H, the principal subject to the payment of the construction cost, as the parties to the construction contract. Accordingly, the defendant asserts that the Promissory Notes in this case, written in the name of the defendant, the certificate of endorsement of the Promissory Notes in this case, the certificate of payment by subrogation, and the certificate of payment by subrogation, are all forged, and thus, the holder of the Promissory Notes seeking the payment of the Promissory Notes money in this case must prove his/her signature and seal (see Supreme Court Decision 13Da1313, Feb. 10, 13.

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