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(영문) 서울중앙지방법원 2015.06.09 2013나42402
약속어음금
Text

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

The Defendants are jointly and severally liable to the Plaintiff for KRW 30 million.

Reasons

1. The delivery of criminal agreements and promissory notes;

A. On May 28, 2012, the Chinese Real Estate Accounting Co., Ltd. issued a promissory note (hereinafter “instant Promissory note”) at the face value of KRW 35,000,000 and the due date of October 10, 2012 to Defendant Multi-Tech Investment Co., Ltd. (hereinafter “Defendant Co., Ltd.”). The Defendant Co., Ltd, and the Defendant Co., Ltd, in sequence, endorsed and transferred to Defendant B, and the Plaintiff.

B. The Plaintiff presented a payment proposal to Han Bank on the date of payment, but was not paid due to the default of payment.

C. On the other hand, on July 23, 2012, the Plaintiff agreed with Defendant B as follows in the case of fraud complaint against the above Defendant. The main contents are as follows.

1. The defendant (the defendant B, hereinafter the same shall apply) agree that the complainant (the plaintiff; hereinafter the same shall apply) is liable to pay the amount of 30 million won.

2. In order to secure the repayment of the above debt, the defendant shall deliver to the complainant a promissory note with a face value of 35 million won in the issuance of China, China, the Bank of China, in May 28, 2012.

3. When the complainant receives the above amount of the bill, five million won shall be paid to the defendant and the above case of complaint shall be revoked.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3 (including partial number), the purport of the whole pleadings

2. The Defendants, who are the endorsers of the Promissory Notes, have a duty to perform their obligations, are jointly and severally liable to pay KRW 30 million, which is part of the amount of the Promissory Notes, as sought by the Plaintiff.

In regard to this, the Defendant Company asserted that Defendant B had forged the Promissory Notes with the seal imprint affixed by Defendant B, but there is no evidence to acknowledge this.

3. If so, the Defendants jointly and severally pay to the Plaintiff KRW 30 million and to the Plaintiff 5% per annum as stipulated in the Civil Act from October 11, 2012 following the due date of the payment of the said bill to April 17, 2013 (Defendant Company), and April 19, 2013 (Defendant B).

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