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(영문) 서울중앙지방법원 2017.02.16 2015가단111172
약속어음금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 20, 2013, the Defendant, Nonparty C, and D jointly issued and delivered to E a promissory note with a face value of KRW 600,000,000 at face value, and each place of payment, issue date, payment date, and each blank of the payee (hereinafter “instant promissory note”).

B. E delivered the instant promissory note to F, the actual operator of the Plaintiff, and the Plaintiff supplemented the addressee of the instant promissory note as the Plaintiff, the date of issuance as of June 20, 2015, and the date of payment as at sight.

[Ground of recognition] Unsatisfy, Gap 1-1, 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff and the Defendant delivered shares and the Promissory Notes to secure the Defendant’s obligation to borrow funds for the Defendant’s lending of operating funds. The Plaintiff’s representative F paid KRW 500 million to E and took over the above shares and the Promissory Notes while acquiring the above bonds. The Defendant, the issuer of the Promissory Notes, is obligated to pay the instant Promissory Notes to the Plaintiff, the final holder.

B. The Defendant’s promissory note was issued in order to secure the damages incurred in the event that the new shares are not normally issued to E who paid the purchase price of the new shares in the Defendant’s name during the subscription process for small-value offering. Since the scheduled new shares were normally issued and delivered to E, the underlying obligation of the Promissory Notes was extinguished

Nevertheless, E discarded the instant promissory note or delivered it to F without returning it to the Defendant, and F was well aware of such circumstances, and thus, the Plaintiff’s claim is unreasonable.

3. (A) In full view of the description of evidence Nos. 1 through 16 and the purport of the entire pleadings in the testimony of witness G, the fact that the E acquiring the Defendant’s new shares under another’s name pays to the Defendant the purchase price of the new shares in a cost of KRW 450 million, and the Defendant is either not issued or issued normally.

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