logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.05.13 2015나34282
어음금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of premise;

A. Defendant A’s issuance and refusal of payment of bills (i.e., the issuance and payment of bills) were issued respectively to the Dispute Resolution Co., Ltd., Defendant A, the par value of KRW 29,700,000 on July 31, 2013, and the due date of October 15, 2013 (hereinafter “first bill”), the par value of KRW 56,749,000 on August 31, 2013, and the due date of payment of KRW 56,749,000 on December 15, 2013, and Promissory note B (hereinafter “Second Promissory note”).

on October 28, 2013, the Plaintiff filed a lawsuit for the claim for the payment of the first bill against B and the Defendant A (this Court Decision 2013Da41650) through January 15, 2014 (the final judgment is final and conclusive around that time). Meanwhile, the Plaintiff is a final holder of the second bill.

B. (i) Defendant A completed the registration of ownership transfer on the instant apartment on June 26, 1998, including the property status and disposal disposition, etc. of Defendant A, and Defendant A did not have any active property other than the above apartment.

Between February 26, 1998 and November 11, 2009, the maximum debt amount of 45,50,000,83,200,000,52,000,52,000,59,300,000,000,84,000,000,000, and the registration of establishment of a mortgage to Defendant A was completed.

(hereinafter referred to as “previous collateral security registration”). Defendant C, a relative by marriage on October 15, 2013, is the same year in the future of Defendant C, a relative by marriage on the above apartment.

9. The registration of ownership transfer was completed based on the sales contract (the sale price of KRW 350,00,000, hereinafter “instant sales contract, etc.”) 16.

• Meanwhile, around the registration date, the actual secured debt of the previous collateral registration was KRW 270,000,000,000. On October 16, 2013, the registration of the previous collateral security was cancelled on the same day.

[Ground for Recognition]: Facts without dispute, entry of Gap 2-6 evidence (including more than one number), the purport of the whole pleadings

2. Determination as to the claim against Defendant A

A. According to the premise of determination as to the cause of the claim, Defendant A, in collaboration with the issuer of the second bill, which is an endorser B, is the date of payment, from December 5, 2013, to the Plaintiff, the final holder.

arrow