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(영문) 광주지방법원 2018.05.31 2017가합55928
청구이의
Text

1. The Defendant’s notary public against the Plaintiff, No. 296, 2017, drafted on March 27, 2017 by the Defendant’s notary public against the Plaintiff.

Reasons

1. Basic facts

A. On January 18, 2016, the Plaintiff and A Co., Ltd. (hereinafter referred to as “A”) concluded a contract with the Plaintiff entering into a contract with the Plaintiff on the construction period of the Newly constructed construction work for Buk-gun Do (hereinafter referred to as “instant new construction work”) located in Seoul-do Do (hereinafter referred to as “instant housing”) from January 19, 2016 to December 31, 2016, and the construction cost of KRW 1,538,730,500 was changed to KRW 1,838,730,50 on September 22, 2016.

B. On March 30, 2016, the Defendant and A entered into a contract with the construction period of the instant new construction works (hereinafter “instant construction works”) to subcontract the construction cost of KRW 81,58,000 for construction from April 1, 2016 to November 30, 2016 (hereinafter “instant subcontract”).

C. At around 2016, the Defendant agreed to pay the construction cost under the instant subcontract directly to the Defendant, the contractor, the subcontractor, and the Plaintiff.

Before February 3, 2017, the Defendant completed the instant machinery and equipment construction work.

(The approval for the use of the instant house was made at the same time).

On March 7, 2017, the Defendant sent to A a proof of the content that “The Defendant had considerable difficulty in receiving the remaining construction cost after the completion of the instant machinery and equipment works. The remaining construction cost for the instant machinery and equipment works is KRW 36,58,000. By March 10, 2017, the Defendant paid the said money to the Defendant’s account.”

F. The Plaintiff and the Defendant issued by the Plaintiff on March 27, 2017, with respect to promissory notes (e.g., face value: KRW 276,864,00: Date of payment: At sight, the Plaintiff, the issuer: the Plaintiff, and the issuer: the Defendant; hereinafter referred to as “instant promissory notes”) a notary public’s authentic deed of promissory notes (hereinafter referred to as “notarial deed of promissory notes of this case”) issued by the Plaintiff on March 27, 2017, as the deed 296 of the preparation

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