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(영문) 수원지방법원 성남지원 2017.01.20 2016가단19854
어음금
Text

1. The Defendant shall pay to the Plaintiff KRW 65,39,614 and the interest rate of KRW 15% per annum from July 23, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On March 21, 2013, the Defendant issued one promissory note (hereinafter “instant promissory note”) with the Plaintiff as the payee at sight, and with the place of payment at which the place of payment at issue is Seoul, with the face value of KRW 137 million,00,000 (hereinafter “instant promissory note”). If the Plaintiff delayed the payment of each of the said notes to the holder of each of the said promissory notes, a notary public, the purport of recognizing and recognizing that there is no objection even if the Plaintiff is immediately subject to compulsory execution, the said promissory note No. 169 (hereinafter “notarial deed”).

B. Meanwhile, the Plaintiff received dividends of KRW 62,192,886 on March 15, 2013 in the distribution procedure set forth in Suwon District Court Sung-nam Branch B.

B. On January 26, 2016, the Plaintiff received an order to seize and assign the instant promissory note (hereinafter “instant assignment order”) against KRW 74,807,114 from among the construction cost claims that the Defendant is obliged to receive as the obligor, Gyeonggi-do (competent Gyeonggi-do Office of Education)’s obligor, the third obligor, and the amount of the claim KRW 74,807,114 from the obligor’s and Gyeonggi-do (competent Gyeonggi-do Office of Education) as the obligor, and the third obligor, the amount of the claim, and KRW 74,807,114 from the construction cost claims against Gyeonggi-do (hereinafter “instant construction works”). The said assignment order was served in Gyeonggi-do on February 1, 2016, and was finalized on March 4, 2016.

C. On May 19, 2016, the Defendant submitted the instant waiver of construction to the Gyeonggi-do Office of Education.

On October 26, 2016, the Ansan District Office of Education sent to the Plaintiff that the remaining amount of KRW 9,407,500, excluding the remaining amount of KRW 306,618,00, advance payment of KRW 139,70,00, labor cost of KRW 157,510,50, and labor cost of KRW 157,50.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 5-3, and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant paid to the Plaintiff KRW 62,192,86, out of the amount of KRW 137,000,000 of the Promissory Notes, and the instant case.

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