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(영문) 대전지방법원 2016.12.09 2015가단224596
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 30, 2014, the Plaintiff issued, respectively, a promissory note of KRW 20,000,000 on August 1, 2014 on the date of payment, and KRW 20,000,000 on September 1, 2014, and KRW 20,000,000 on the date of payment, and KRW 20,000,000 on the date of payment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff, upon the introduction of Nonparty C, agreed that the Plaintiff shall grant the Plaintiff KRW 60,00,000 to C for the payment of part of the F site construction work of the original contractor E from Nonparty D, and that it shall be paid to B, a creditor of Nonparty C, by issuing the said KRW 1 or 3 Promissory Notes, but the Plaintiff agreed to exempt the Plaintiff from the obligation of a promissory note in the event that the F subcontracted work was not paid due to a default on payment of the construction cost at the time of the issuance of the said Promissory Notes, and thus, the obligation of the said Promissory Notes was extinguished.

As such, the plaintiff asserts that there is no obligation of promissory notes against the defendant.

The fact that the F subcontracted Corporation at the time of the issuance of the said Promissory Notes agreed to exempt the Plaintiff from the obligations of a Promissory Notes in the event that the Plaintiff was unable to pay the construction cost from D due to its default is recognized by the statement in the certificate No. 1 (Certificate of Payment on Promissory Notes), but the Plaintiff’s failure to pay the construction cost constitutes the requirements for extinguishment of the obligations favorable to the Plaintiff

, however, there is no evidence to acknowledge it.

Therefore, this part of the plaintiff's assertion is without merit.

B. In addition, the Plaintiff asserts that the Plaintiff’s obligation to pay the Promissory Notes Co., Ltd. (the Defendant in the instant case) was extinguished on January 23, 2015 on the grounds of deception by the Defendant, and thus, the Plaintiff’s obligation to pay the Promissory Notes to the Defendant was extinguished.

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