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(영문) 수원지방법원 2016.10.05 2015가단101814
손해배상(기)
Text

1. As to real estate listed in the separate sheet:

A. Defendant C and Nonparty E were concluded on October 4, 201.

Reasons

1. Facts of recognition;

A. On July 2010, the Plaintiff, as a kimchi production business entity, leased part of the Kimchi factory owned by F Co., Ltd. and the Kimchi factory owned by the said company (hereinafter “G Kimchi factory”), and concluded a contract for the supply of goods and a lease that the Plaintiff’s employees would supply to the factory owned by the Plaintiff (hereinafter “instant lease contract”).

B. Nonparty E agreed to take over a G kimchi plant with H as a partner, and H entered into a contract with F-chi factory on May 31, 201 with H. On June 31, 2011, the Plaintiff issued 4 copies of promissory notes, including two promissory notes, the face value of which is KRW 50 million on September 1, 201 and the due date for payment, which is KRW 50 million on October 4, 201, under the name of sales proceeds, to E who takes over a G kimchi factory as above, as seen earlier, on September 1, 2011.

C. On June 3, 2011, E prepared a loan certificate with the purport that it borrowed KRW 86,667,00 from the Plaintiff, and the due date for repayment was determined in installments between July 3, 201 and September 201, and issued it to the Plaintiff.

H, who has been in charge of the field practice of the G Kimchi factory, left the G Kimchi factory on July 23, 201 and thereafter suspended the operation of the G Kimchi factory, E is no longer able to supply the plaintiff with a culture of cutting down.

E. Due to the delivery of the Promissory Notes to a third party, the Plaintiff, as the drawer of the Promissory Notes, filed a lawsuit claiming the amount of KRW 200,000 from the holders of the Promissory Notes, and finally became final and conclusive upon being sentenced to a judgment ordering payment

F. The Plaintiff filed a lawsuit against E, Defendant B, and C on the claim for loans, etc. by Suwon District Court 201Gahap19259, and on May 10, 2013, E means KRW 212,832,615, and the amount of such KRW 6% per annum from October 12, 201 to May 10, 201, and the amount of such KRW 6% from the next day to the date of full payment.

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