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(영문) 부산지방법원동부지원 2015.11.12 2015가단9310
수표금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff and the Defendant jointly operated the manufacture and sale business of machinery and equipment on June 25, 2007, and the interest rate on the business funds borrowed real estate offered by the Plaintiff as collateral during the process of the said business was overdue.

Accordingly, the Defendant agreed to pay the Plaintiff KRW 65,00,000 to the Plaintiff. On November 2008, the Defendant issued to the Plaintiff a bill number C, face value of KRW 65,000,000, issue date, November 3, 2008, March 5, 2009, and the issuer New beer Co., Ltd.

However, the above bill was rejected on March 9, 2009.

Therefore, the defendant is obligated to pay to the plaintiff the above agreed amount of KRW 65,000,000 and delay damages.

2. The facts stated in the evidence Nos. 1 through 6 submitted by the Plaintiff alone are insufficient to acknowledge that the Defendant agreed to pay to the Plaintiff KRW 65,000,000, or that the Defendant delivered a bill to the Plaintiff for this purpose, and there is no other evidence to prove otherwise.

Rather, in full view of the purport of the entire pleadings in the statement No. 1, the Defendant agreed on November 3, 2008 to deliver to the Plaintiff a bill of KRW 65,00,000 to use it as machinery manufacturing costs, and the delivery of the bill asserted by the Plaintiff is recognized.

Therefore, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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