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(영문) 부산지방법원서부지원 2020.03.17 2018가단12009
채권존재확인
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. Basic facts

A. On June 13, 2008, Defendant B Co., Ltd. (hereinafter “Defendant B”) issued a promissory note (hereinafter “instant promissory note”) at the face value of KRW 35 million, E with D Co., Ltd as the addressee, the serial number E, Busan Metropolitan City at the place of payment, the payment place Busan Metropolitan City, the F Criminal Dong Branch Co., Ltd. at the place of payment, the payment place, and the due date of September 27, 2008 at maturity (hereinafter “instant promissory note”).

B. Defendant C, G, and H, the president for termination of D Co., Ltd.: (a) endorsed the instant Promissory Notes in turn; (b) Defendant C, G, and H presented the instant Promissory Notes at the payment place at maturity upon request of JB to collect the Promissory Notes from the JB during their possession; (c) however, payment was refused due to non-transaction; and (d) thereafter, collected KRW 4 million out of the instant Promissory Notes.

C. On October 12, 2009, I filed a lawsuit against G, etc. seeking the payment of the Promissory Notes in this case by Busan District Court Decision 2009Da36261 as the promissory notes whose discount was requested are settled finally, and on October 12, 2009, I received a judgment in favor of the entire decision that “G, etc. jointly with and jointly with I, and 31 million won, and 6% per annum from September 28, 2008 to May 11, 2009, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive at that time.

On the other hand, on August 9, 2007, G had the ownership transfer registration on the ground of the agreement on the division of inherited property. On the other hand, G had the ownership transfer registration on the ground of sale around November 17, 201. On the instant real estate on June 19, 2008, G completed the establishment registration on the instant real estate with the maximum debt amount of KRW 42 million, the mortgagee I, and the debtor G as the collateral security (hereinafter “instant collateral security”).

E. I did not receive 31 million won of the instant Promissory Notes and any damages for delay thereon, and therefore, I would like to be Busan District Court L.

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