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(영문) 서울서부지방법원 2017.06.01 2015가합3426
대여금
Text

1. The Defendant’s ratio of USD 546,881 to 18% per annum from June 9, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established pursuant to the Vietnam law, and operates a hotel called "Grest Ham Strip" in the Vietnam roof.

B. On August 4, 2014, the Defendant issued to the Plaintiff a promissory note (hereinafter “the Promissory note in this case”) with each of the following: (a) the payee’s “Mam Strip”, (b) the due date, interest payment, the place of payment, and the issue date of which are blanks.

C. The statement of promissory notes, made together with the instant promissory notes, contains the following descriptions:

1. The issuer shall be given the authority to supplement the portion (including the total amount, date, place of payment, interest, etc.) in blank of the promissory note with the “Bam Strip” remains in blank.

3.This Promissory Notes shall be under jurisdiction in any place in which the court of Vietnam or the issuer or its assets are located.

6. The Promissory Notes shall be governed by the Vietnamese Law.

The Plaintiff exercised his/her right to supplement the bill amount of this case and submitted an application for modification of the purport of and the cause of the claim to the effect that “the amount of the bill of this case was paid in blank as above,” “$ 546,881,” “Plaintiff” in the payee’s column, “Plaintiff of the Republic of Korea”, “Seoul Seocho-gu,” “18% per annum” in the payment place column, “Seoul Seocho-gu,” and “ August 4, 2014,” and “the issue date was August 8, 2016.” On June 8, 2016, the Plaintiff submitted to this court an application for modification of the purport of and cause of the claim to the effect that “the payment of the bill of this case was changed due to the exercise of the right to supplement the blank as above.” The written application for modification of the purport

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 7, and 8 (including each number), the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The defendant asserts that the plaintiff's lawsuit of this case is unlawful as it is filed by a person who has no capacity to sue.

However, Article 51 of the Civil Procedure Act is required for the capacity of party, litigation capacity, legal representation and procedural acts of the person under litigation.

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