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(영문) 수원지방법원 2017.12.13 2017가단4788
어음금
Text

1. The Defendant’s KRW 160,000,000 for the Plaintiff and 5% per annum from March 22, 2016 to December 13, 2017.

Reasons

1. Basic facts

A. On March 25, 2003, the Defendant issued to B a promissory note in blank (C; hereinafter “instant promissory note”) with the face value of KRW 160,000,000, issue date of March 25, 2003, and the date of payment on August 31, 2003, Gyeonggi-do, the place of payment and the place of issue, Gyeonggi-do, the place of payment and the place of payment, and the addressee’s issuance of a promissory note in blank (hereinafter “instant promissory note”).

B. The first endorsement of the Promissory Notes of this case is in blank, and the endorsee is exempted from drawing up a protest of non-payment, and is written “D representative director of a stock company B,” and the corporate seal of B is affixed next to that.

C. The Plaintiff, the final holder of the Promissory Notes, presented a payment of the Promissory Notes at the place of payment on September 1, 2003, but was refused as a non-transaction.

On August 29, 2006, the Plaintiff filed an application for payment order against the Defendant for the payment of the Promissory Notes with the Suwon District Court Decision 2006Ra3643, and received from the above court the payment order stating that “the Defendant shall pay to the Plaintiff 160,000,000 won and the amount calculated by the rate of 6% per annum from August 31, 2003 to the service date of the duplicate of the payment order, and 20% per annum from the next day to the day of complete payment.” The above payment order was served on the Defendant on September 7, 2006 and became final and conclusive on the 22th day of the same month.

E. On October 27, 2015, the Defendant filed an application for a public summons with respect to the Promissory Notes as Suwon District Court 2015KaGong237 on the ground that the Promissory Notes was lost. On March 22, 2016, the said court rendered a judgment of nullification (hereinafter “instant judgment of nullification”) that “the Promissory Notes shall be declared null and void,” and the instant judgment of nullification was finalized on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings

2. Judgment as to the primary cause of the claim (claim for Payment of Promissory Notes)

A. The plaintiff's assertion is that the defendant of this case.

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