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(영문) 대전지방법원홍성지원 2017.11.29 2016가단10889
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 25, 2016, the Plaintiff issued a promissory note that constitutes the Defendant, the due date for payment, and the face value of 25,000,000,000. As to this, if the payment of the said Promissory Notes is delayed under the No. 187 of the Certificate of Notary Public C Office as of 2016, the Plaintiff prepared a notarized Promissory Notes No. 187, stating that there is no objection thereto even if compulsory execution is conducted, and issued it to the Defendant.

B. On May 25, 2016, the Defendant entered into a contract with the Plaintiff for the construction of a neighborhood living facility on the land (hereinafter “instant construction”) and on the land (hereinafter “the instant written confirmation”) with the effect that “25,000,000 won is related to the construction of the instant building 201 and 203 when the instant construction is fully implemented and the settlement of construction cost is completed, provided that the bill must be invalidated if it is not the hostile Corporation.”

(C) The Plaintiff prepared and delivered the instant promissory note to the Plaintiff. Upon filing an application for a compulsory auction of real estate with the title of execution, the Plaintiff received a decision of seizure on the two parcels, F. M. F. and two parcels on July 12, 2016 (U.S.) [Defendant 3, 4, 5, and 7 without any dispute over the grounds for recognition], and the purport of the entire pleadings.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Plaintiff prepared the notarial deed of this case to secure the payment of the construction price of this case, and the terms and conditions of payment of the obligation under the notarial deed of this case pursuant to the contents of the confirmation document of this case shall be deemed to be the case where the Defendant had incurred the Plaintiff at the time of completing the construction work of this case and settling the construction price. It is unreasonable for the Defendant to arbitrarily suspend the construction of this case

B. We examine the judgment, as seen earlier, KRW 25,00,000, which is the amount of the authentic deed of the Promissory Notes in the instant written confirmation.

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