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(영문) 광주고등법원 2020.05.13 2019나22097
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On November 29, 2007, the Plaintiff and Nonparty D entered into a lien transfer agreement with the Defendant and the Co-Defendant C Co-Defendant C Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co. (hereinafter “Defendant et al.”). On the same day, Geumcheon-gu Seoul (hereinafter “instant lien”) concluded a lien transfer agreement with the purport that the Defendant, etc. will acquire the instant lien of KRW 1.8 billion in price, and paid the Defendant, etc. the down payment amount of KRW 50

B. G (the representative director of the Co., Ltd. of the first instance court) issued, on behalf of the Defendant, etc., a promissory note (hereinafter “ Promissory note dated 29, 2007”) dated November 29, 2007 on behalf of the Plaintiff, including the Defendant, etc., at par value of KRW 50 million, at par value of KRW 50 million, at sight of the due date, the Plaintiff, and the date of issuance. Meanwhile, Non-party I Co., Ltd. filed a lawsuit seeking confirmation of the non-existence of the instant lien against the Defendant, etc. on February 26, 2007 (Seoul Southern District Court Decision 2007Ga3866). The above court sentenced on January 11, 2008, that “The instant lien does not exist with respect to the Defendant, etc., the Plaintiff shall submit a promissory note at par value of KRW 170,000,000,000,000 for the Plaintiff, etc., 2017.

E. G on September 4, 2008, on behalf of the Defendant, etc., prepared and executed the No. 1355 of the 2008 No. 1355 of the 2008 No. 2008 No. 1355 of the F, a promissory note No. 1355 (hereinafter “instant No. notarial deed”).

[Ground of recognition] There is no dispute.

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