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1. B on June 27, 2013, the Defendant’s par value of KRW 400,000,000, the payee, the place of issuance, and the place of payment, respectively.
Reasons
1. Facts of recognition;
A. On April 5, 2011, the Plaintiff received a proposal from B to allow B to receive a sales contract for scrap metal generated at the time of the removal of a factory, and paid KRW 300 million to B as the introduction expense. At the time, B decided to return the said money in full immediately upon nonperformance of the contract, such as the non-execution of the contract.
(hereinafter referred to as the “Agreement”). B.
The Plaintiff entered into a contract by participating in a bid for the high steel industry corporation, which is a contractor for the removal of a factory, and collected scrap iron from the Daelim Industrial Corporation from November 201 to January 15, 2012.
C. On April 24, 2013, the Plaintiff filed a lawsuit seeking payment of KRW 340,821,611, totaling KRW 640,821,611 on the ground of the violation, etc. of the instant agreement against Nonparty B and two other parties, as Seoul Southern District Court Decision 2013Gahap7135, Apr. 24, 2013.
On January 22, 2015, the above court rendered a judgment in favor of the Plaintiff that “B shall pay to the Plaintiff 30 million won and the amount calculated at the rate of 20% per annum from May 22, 2014 to the date of full payment,” on the ground that the above contract for the sales of the scrap metal was concluded as a broker, but the above contract for the sales of the scrap metal was not fully implemented, and thus, B is obligated to return KRW 300 million to the Plaintiff pursuant to the instant agreement.”
E. In the instant case of Seoul High Court Decision 2015Na10167, the appellate court rendered a ruling of recommending reconciliation that “B shall pay KRW 100 million to the Plaintiff by March 31, 2016,” which became final and conclusive January 21, 2016.
F. Meanwhile, on June 27, 2013, B issued a bill of promissory note with a face value of KRW 400 million, issue date June 27, 2013, each of the place of issue and place of payment, and one of the promissory note with a payment due date at sight (hereinafter “instant promissory note”), and on the same day, if B fails to pay money by the due date under the No. 1019 of the certificate of a notary public’s office’s execution date.