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(영문) 수원지방법원 2017.06.01 2016나16167
구상금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The first instance court partly accepted the Plaintiff’s claim on the principal lawsuit, and dismissed the Defendant’s counterclaim.

Accordingly, the defendant appealed only to the part against the defendant among the plaintiff's principal lawsuit, and the part against the defendant among the plaintiff's principal lawsuit is subject to adjudication in the trial.

2. The reasoning of this court’s explanation is as stated in Article 420 of the Civil Procedure Act, since it is the same as stated in Article 420(1) of the judgment of the court of first instance.

3. Judgment on the plaintiff's main claim

A. The summary of the assertion is that the Defendant issued the Promissory Notes in relation to the total amount of KRW 13,150,000 for monthly rent and management expenses paid by the Plaintiff, the administrator of the above building, while leasing and using the second floor of the building of this case. The Defendant prepared and executed the notarial deed of this case.

Therefore, the defendant is liable to pay to the plaintiff the above payment or promissory note 13,150,000 won and interest or damages for delay calculated from April 29, 2005.

B. The Defendant’s issuance of the Promissory Notes No. 5 of April 29, 2005 to the addressee’s column of the Promissory Notes No. 5 of this case, and after the Plaintiff supplemented the Plaintiff’s name in the addressee’s column of the Promissory Notes No. 5 of this case, the Plaintiff’s preparation of the No. 13,150,000 won on behalf of the Defendant on May 2, 2005 is identical to the facts established based on the facts. Therefore, the Defendant is liable to pay to the Plaintiff interest or delay damages calculated from September 30, 2005, except in extenuating circumstances.

C. On April 28, 2005, the summary of the Defendant’s assertion 1 as to the Defendant’s defense, the Defendant prepared a power of attorney on the preparation of the Promissory Notes and the Notarial Deed for the payment of rent, etc. by April 28, 2005 to C, a lessor of the instant building. However, upon C’s request, the addressee’s column and the mandatory column were blank.

2.3

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