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(영문) 서울중앙지방법원 2015.10.14 2015나34344
청구이의
Text

1.The judgment of the first instance shall be modified as follows:

On August 31, 2010, the Seoul Central District Court against the Defendants’ Plaintiff.

Reasons

1. Basic facts

A. On December 2006, the Plaintiff and E requested the Defendants to make an investment of KRW 200 million by having the Defendants receive a contract for H’s interior works under construction by Company G (hereinafter “G”), and the Defendants granted the Plaintiff and E a total of KRW 195,953,600 on December 29, 2006.

B. On December 29, 2006, E issued promissory notes with the issuer E, face value 250 million won per face value, issue date, December 29, 2006, March 28, 2007, Seoul and the payee D with the intent to secure the above investment amount.

C. After that, on January 3, 2007, Defendant C paid the Plaintiff the remainder of KRW 5,046,40,000 to the Plaintiff, and the Plaintiff signed and sealed the said promissory note as an issuer. Accordingly, the Plaintiff signed and sealed the issuer’s column of the said promissory note and consented to adding Defendant C to the payee’s column, and the date of payment was changed to April 28, 2007.

(hereinafter “instant Promissory Notes”). D.

The Defendants filed a lawsuit against the Plaintiff on October 29, 2009 against the Plaintiff seeking the payment of the Promissory Notes under this Court Order 2009Da410953, and the said court closed the pleadings on July 20, 2010 and subsequently dismissed the payment of the Promissory Notes.

8. 31. The plaintiff decided to pay to the defendants the amount of KRW 250 million and the amount of KRW 60 million per annum from April 30, 2007 to November 9, 2009, and 20% per annum from the next day to the day of full payment. The plaintiff appealed against the above judgment, but the plaintiff's appeal was dismissed on April 21, 201.

5. 13. The above judgment of the first instance court became final and conclusive as it is.

(hereinafter referred to as “the final and conclusive judgment of the previous suit of this case”). 【The grounds for recognition ] The fact that there is no dispute, Gap 1, 2, Eul 1, Eul 1, Eul 1 to 18-3, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff asserted by the parties 1. The Defendants had already become final and conclusive prior to the final and conclusive judgment of the instant previous suit.

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