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(영문) 수원지방법원 2018.11.21 2018가단532129
수표금
Text

1. The Defendant’s KRW 80,000,000 as well as the Plaintiff’s annual rate of 6% from March 27, 2018 to July 23, 2018, and the following.

Reasons

1. Facts of recognition;

A. On March 22, 2018, the Defendant’s Intervenor issued, on March 22, 2018, a cashier’s check issued by the Defendant (Ssung Nam Branch) to the Plaintiff on the check of bearer meal service (hereinafter “the check of this case”). The Defendant issued on March 22, 2018, to the Plaintiff, the check of check of bearer-out meal service (hereinafter “the check of this case”).

B. On March 27, 2018, the Defendant notified the Plaintiff that the payment of the instant check was refused on the ground that the Intervenor’s Intervenor’s motion to suspend payment was received, and the Plaintiff holds the instant check.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the instant check amount of KRW 80 million and damages for delay claimed by the Plaintiff.

The Defendant participated in the instant lawsuit according to the Defendant’s notice of lawsuit, and the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s attorney did not submit a document on the grounds for his participation until the closing of argument. However, at the first day of pleading, the Defendant expressed his opinion that the Plaintiff failed to perform the duty of delivery pursuant to the real estate sales contract between the Plaintiff and the Defendant

3. The plaintiff's claim for the conclusion is justified and it is so decided as per Disposition by the assent of all participating Justices.

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